DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4534)

RELIABLE WELDING SERVICE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 DECEMBER 2019

Application for approval of the Reliable Welding Service 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 Reliable Welding Service 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 13 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of an enterprise agreement between Reliable Welding Service Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was for the period 2019 to 2020. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. The issues before the court involved whether the agreement was made in good faith, provided for the proper regulation of terms and conditions of employment, and met the specific criteria for approval as outlined in the Act.

The court examined whether the agreement was negotiated in good faith, given the parties' bargaining history and the process by which the agreement was reached. Additionally, the court assessed whether the agreement adequately regulated terms and conditions of employment, ensuring fairness and meeting the minimum standards prescribed by the Act. Furthermore, the court considered whether the agreement contained any provisions that would undermine the operation of the safety net provided by the National Employment Standards and modern awards.

After reviewing the evidence and submissions from both parties, the court found that the agreement was made in good faith and adequately regulated the terms and conditions of employment. The court was satisfied that the agreement met the statutory criteria for approval, including that it provided for a fair and efficient method of determining terms and conditions. The court approved the enterprise agreement, noting that it provided for a reasonable balance of rights and obligations between the employer and the employees. The court's decision confirmed the agreement as a valid and binding contract between the parties, effective from the specified period.

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