DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4593)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 DECEMBER 2019

Application for approval of the AUSTRALIA CENVIC CONSTRUCTION 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 AUSTRALIA CENVIC CONSTRUCTION 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 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 18 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Australia CENVIC Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and 'General Division) Enterprise Agreement 2019-2020. The union and the employer submitted this agreement to the Commission under section 232 of the Fair Work Act 2009, seeking its approval as a registered agreement. The union and employer argued that the agreement met the criteria for registration, including being a genuine enterprise agreement and meeting the requirements for good faith bargaining and other procedural aspects.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether the bargaining process and the agreement itself met all the statutory requirements for registration. This involved assessing whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether the employer and the union had followed the appropriate processes as mandated by the Fair Work Act.

The Commission found that the agreement was indeed a genuine enterprise agreement, meeting all statutory requirements. The bargaining process was deemed to be conducted in good faith, and the agreement contained all the necessary minimum terms and conditions. The Commission noted that the agreement had been negotiated through a series of meetings and correspondence, and both parties had shown a commitment to reaching an agreement. The union's and employer's compliance with the procedural aspects, such as providing the necessary information and opportunities for negotiation, was also satisfactory. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Australia CENVIC Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019-2020. This decision confirmed the validity and registrability of the agreement, ensuring that it would operate as a binding enterprise agreement between the parties.

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