DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4639)

IDAHO WAY 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 IDAHO WAY 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 IDAHO WAY 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

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the IDAHO WAY PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 in the Fair Work Commission. The application arose from negotiations between the parties for a new enterprise agreement, which would govern the employment terms and conditions of the employees of IDAHO WAY PTY LTD. The case involved determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory provisions set out in the Fair Work Act 2009, particularly in relation to the agreement's fairness and compliance with the Good Faith Bargaining provisions. The Commission also had to consider the balance of rights and obligations between the parties, ensuring that the agreement provided for a fair and reasonable outcome for all employees involved.

The Commission examined the negotiation process and the contents of the proposed agreement. It found that the agreement was the product of genuine and meaningful bargaining between the parties, with each side demonstrating a commitment to reaching an agreement. The Commission also determined that the proposed agreement met the legal requirements for approval, as it provided for fair and reasonable terms and conditions for the employees, including provisions on wages, hours of work, and other employment conditions. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees and met the requirements for approval under the Act.

The Fair Work Commission approved the proposed agreement, and it came into effect on the date of the Commission's decision. This outcome provided certainty and stability for both the employees and the employer, as well as ensuring that the agreement met the legal requirements for approval under the Fair Work Act 2009.

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