DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4526)

ONEWAY ENTERPRISE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 DECEMBER 2019

Application for approval of the Oneway Enterprise Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Oneway Enterprise Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering 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 13 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 by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to the Fair Work Commission for approval of the Oneway Enterprise Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was the court in this matter.

The central legal issues before the Commission were whether the agreement met the procedural requirements for registration under the Fair Work Act, and whether it contained mandatory terms that complied with the Act. Specifically, the Commission needed to determine if the agreement had been appropriately negotiated, if it contained provisions that were contrary to public policy, and if it adequately covered the terms and conditions of employment for the relevant employees.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant provisions of the Fair Work Act. The Commission found that the agreement had been appropriately negotiated and that it did not contain any provisions that were contrary to public policy. However, the Commission identified some areas where the agreement did not fully comply with the mandatory terms of the Act. After hearing submissions from both parties, the Commission determined that, despite the minor deficiencies, the agreement was in the best interests of the employees and should be approved. The Commission made orders approving the agreement with some modifications to ensure compliance with the Act.

The Fair Work Commission's final orders approved the agreement with some modifications to ensure compliance with the Fair Work Act. The Commission directed that the agreement be registered and made binding on the parties from the date of the decision. The Commission also directed that the agreement be amended to include certain provisions to address the identified deficiencies. The decision provided clarity on the requirements for enterprise agreements and the role of the Commission in approving such agreements.

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