DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4815)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2019

Application for approval of the COMPLEX FACADE INSTALL 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 COMPLEX FACADE INSTALL 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 27 December 2019. 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 Complex Facade Install Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The agreement was made between the employer and the union, which represents the employees of Complex Facade Install Pty Ltd. The application for approval was made on the basis that the agreement met the requirements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal standards for approval, including provisions on minimum wages, penalty rates, and other employment conditions.

The primary legal issues the Commission needed to address were whether the agreement provided for the modern award terms and conditions, whether it met the "better off overall test", and whether it contained any clauses that were contrary to public policy. The Commission also needed to consider whether the agreement was made in good faith and whether it provided for appropriate dispute resolution mechanisms. The interpretation of specific clauses within the agreement and their alignment with the Fair Work Act were also examined.

The Commission found that the agreement met the requirements under the Fair Work Act. The agreement provided for the modern award terms and conditions, and it was determined that employees would be better off overall with the agreement compared to the modern award. The Commission also found that the agreement did not contain any clauses that were contrary to public policy. It was concluded that the agreement was made in good faith and that it provided for appropriate dispute resolution mechanisms. The Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the Complex Facade Install Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The approval was effective from the date of the decision, and the agreement was registered with the Commission. The decision ensures that employees of Complex Facade Install Pty Ltd will be covered by the terms and conditions of the approved 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