DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4790)

OCJ 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 OCJ 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 OCJ 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 sought approval of an enterprise agreement with OCJ PTY LTD. The agreement aimed to govern the terms and conditions of employment for employees of OCJ PTY LTD within the specified period. The union argued that the agreement was fair and equitable, meeting all necessary legal requirements, while OCJ PTY LTD did not oppose the agreement but emphasised the need for compliance with relevant legislative provisions.

The primary legal issue before the Commission was whether the enterprise agreement met all the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement was genuinely negotiated, covered a designated group of employees, and contained necessary provisions regarding pay, hours of work, and other conditions of employment. Additionally, the Commission needed to ensure that the agreement did not undermine the safety and health of employees and complied with other legislative obligations.

After reviewing the evidence and submissions, the Fair Work Commission found that the enterprise agreement was fairly negotiated and met all statutory requirements. The agreement covered a designated group of employees and included essential provisions regarding pay, hours of work, and other conditions of employment. The Commission concluded that the agreement did not undermine the safety and health of employees and complied with all relevant legislative provisions. Consequently, the Commission approved the enterprise agreement.

The Commission ordered the approval of the OCJ PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to implement the agreement in accordance with its terms.

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