DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4716)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2019

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

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

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 December 2019 and, in accordance with s 54, will operate from 25 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

The matter before the court involved an application for approval of a specific enterprise agreement between Three Dimensional Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009. The case was heard in the Fair Work Commission, the primary body responsible for regulating and approving enterprise agreements in Australia.

The legal issues at the heart of the case revolved around whether the agreement satisfied the conditions stipulated under section 230 of the Fair Work Act. These conditions include ensuring that the agreement covers a single enterprise, involves genuine bargaining, and is not discriminatory. Additionally, the court had to consider if the agreement provided for a fair and efficient workplace, and if it included appropriate mechanisms for resolving disputes.

The Fair Work Commission carefully examined the agreement, taking into account the specific circumstances of the enterprise and the bargaining process. The court found that the agreement did meet the requirements of the Fair Work Act, as it covered a single enterprise and involved genuine bargaining between the parties. Furthermore, the agreement contained provisions for resolving disputes and did not discriminate against any employees. Consequently, the court approved the agreement, finding it to be fair and efficient for the parties involved.

In light of the findings, the Fair Work Commission approved the Three Dimensional Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020, making it legally binding on both parties. This decision sets a precedent for similar agreements in the future and ensures that the terms of the agreement are fair and appropriate for the enterprise.

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