DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4866)

XS CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 DECEMBER 2019

Application for approval of the XS CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the XS CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the XS Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. XS Construction Pty Ltd is a small construction company and the CFMEU is a trade union representing workers in the construction industry. The application for approval arose under section 232 of the Fair Work Act 2009, which mandates that an enterprise agreement must be approved by the Commission if it is to have effect.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the proper protection of employees' rights, entitlements and conditions, and if it complied with the good faith bargaining provisions. The Commission also had to consider whether the agreement was made in accordance with the relevant provisions of the Act.

The Commission found that the enterprise agreement was appropriately made and met the statutory requirements for approval. The agreement contained provisions that adequately protected the rights, entitlements and conditions of employees, and there was evidence of good faith bargaining between the parties. The Commission was satisfied that the agreement was fair and reasonable, and that it complied with all relevant provisions of the Act. Consequently, the Commission approved the enterprise agreement, which will now have legal effect and govern the employment conditions of the employees of XS Construction Pty Ltd.

The Commission's decision was that the application for approval of the enterprise agreement was to be granted, and the agreement was approved as a registered agreement under the Fair Work Act. The approval of the agreement ensures that it will be legally binding on the parties and will govern the employment conditions of the employees of XS Construction Pty Ltd for the period specified in the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established