DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4629)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2019

Application for approval of the VIRTUS ART 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 VIRTUS ART 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 19 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 matter of an application for approval of the VIRTUS ART PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, the Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant, VIRTUS ART PTY LTD, sought to have the enterprise agreement approved, while the respondent, CFMEU, argued that certain provisions of the agreement should be disallowed.

The primary legal issue before the Commission was whether the provisions in question were in accordance with the relevant legislative provisions and public policy considerations. The CFMEU contended that certain clauses within the agreement were not compliant with the Act and did not meet the standards required for approval. These provisions included issues relating to employee entitlements, classification, and procedural fairness. The Commission was tasked with examining the provisions in question and determining whether they were fair and reasonable, and whether they met the necessary criteria for approval.

After a thorough examination of the agreement and the arguments presented by both parties, the Fair Work Commission determined that the majority of the provisions in the enterprise agreement were in compliance with the Fair Work Act 2009. The Commission found that while some provisions required minor amendments to meet the legislative requirements, the overall agreement was fair and reasonable. The Commission made specific findings on the provisions in question, noting that certain clauses related to employee entitlements and procedural fairness required modification. However, the Commission concluded that these provisions could be amended to meet the necessary criteria for approval. The application for approval of the enterprise agreement was ultimately granted, subject to the specified amendments.

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