DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4715)

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

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

Application for approval of the ABD PERSONNEL PTY LTD and the CFMEU (Victorian Construction and General Division) 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 ABD PERSONNEL PTY LTD and the CFMEU (Victorian Construction and General Division) 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by ABD Personnel Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Enterprise Agreement 2019 - 2020. The dispute centred around the terms of the proposed agreement and whether it met the statutory requirements under the Fair Work Act 2009. The Commission was tasked with determining if the agreement contained the necessary minimum entitlements and if it was otherwise fair and reasonable.

The primary legal issues before the Commission were whether the proposed enterprise agreement satisfied the minimum standards prescribed by the Act, including provisions for minimum wages, leave entitlements, and other employment conditions. Additionally, the Commission had to consider if the agreement was procedurally sound, having been negotiated in good faith and whether it provided for proper dispute resolution mechanisms. The fairness and reasonableness of the agreement's terms were also scrutinised to ensure it met the statutory obligations.

After reviewing the submissions and evidence provided by both parties, the Commission found that the proposed agreement did indeed meet the minimum standards required by the Fair Work Act. The agreement contained all the necessary provisions for wages, leave, and other employment conditions, and it was negotiated in good faith. The Commission also determined that the dispute resolution mechanisms were adequate and that the overall terms of the agreement were fair and reasonable. Consequently, the Commission approved the enterprise agreement, finding it compliant with all statutory requirements.

The Fair Work Commission approved the Enterprise Agreement 2019 - 2020 between ABD Personnel Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was deemed to meet the minimum standards for wages, leave, and other employment conditions, and was negotiated in good faith. The approved agreement now serves as a binding contract between the parties, governing their employment relationship for the specified period.

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