DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4567)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 DECEMBER 2019

Application for approval of the FYTOGREEN AUSTRALIA 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 FYTOGREEN AUSTRALIA 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 16 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 case involved an application for approval of the FYTOGREEN AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The applicant was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which sought the Fair Work Commission's (FWC) approval of the enterprise agreement. The agreement was entered into between FYTOGREEN AUSTRALIA PTY LTD and the CFMEU. The respondent, FYTOGREEN AUSTRALIA PTY LTD, did not object to the application, but raised concerns about certain provisions in the agreement. The matter was heard in the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009 (Cth).

The central legal issue before the FWC was whether the enterprise agreement met the statutory requirements for approval under section 231 of the Fair Work Act. The FWC had to determine whether the agreement was in the best interests of the employees and whether it contained the minimum terms and conditions that are set out in the Fair Work Act. The FWC also had to consider whether the agreement complied with the good faith bargaining provisions in section 228 of the Act. The CFMEU argued that the agreement was in the best interests of the employees and met all the statutory requirements. FYTOGREEN AUSTRALIA PTY LTD, while not objecting to the agreement, raised concerns about certain provisions.

In assessing the application, the FWC considered the evidence and submissions from both parties. The FWC found that the agreement contained all the required minimum terms and conditions and was in the best interests of the employees. The FWC also found that the agreement complied with the good faith bargaining provisions in the Fair Work Act. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it did not contain any provisions that would be detrimental to the employees. The FWC approved the enterprise agreement, finding that it met all the statutory requirements for approval.

The Fair Work Commission approved the FYTOGREEN AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The FWC found that the agreement met all the statutory requirements for approval under the Fair Work Act and was in the best interests of the employees. The FWC approved the agreement, which will now apply to the employees of FYTOGREEN AUSTRALIA PTY LTD.

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