DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4570)

CLADDING SYSTEMS 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 CLADDING SYSTEMS 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 CLADDING SYSTEMS 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 an enterprise agreement between Cladding Systems Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2020. The application was brought before the Fair Work Commission, which is the federal workplace relations tribunal in Australia. The dispute centred around whether the enterprise agreement complied with the necessary statutory requirements and whether it was made in good faith and without coercion.

The legal issues before the court were whether the agreement was appropriately negotiated and whether it adhered to the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was made in good faith, without coercion, and if it contained terms and conditions that were fair and reasonable. Additionally, the court needed to determine whether the union had genuinely represented the employees involved in the negotiations.

The Fair Work Commission found that the agreement was appropriately negotiated in good faith, without coercion, and that the union had genuinely represented the employees. The court also found that the terms and conditions of the agreement were fair and reasonable, meeting all statutory requirements. The commission noted that the parties had engaged in a transparent negotiation process, which included several rounds of discussions and the exchange of detailed proposals.

Consequently, the Fair Work Commission approved the Cladding Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The approval was based on the evidence presented that the agreement was made in good faith, without coercion, and that the union had genuinely represented the employees. The court's decision was that the agreement met all necessary criteria and was therefore approved.

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