DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4518)

CAVVY ENTERPRISES PTY. LTD. T/AS EMNP WELDING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2019

Application for approval of the CAVVY Enterprises Pty. Ltd. T/As EMNP Welding 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 CAVVY Enterprises Pty. Ltd. T/As EMNP Welding 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 12 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement between CAVVY Enterprises Pty. Ltd., trading as EMNP Welding, and the union. The union applied for the agreement to be approved as a registered agreement under the Fair Work Act 2009. The application was made on the basis that the agreement had been registered with the Australian Industrial Relations Commission, which was the relevant authority prior to the establishment of the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act for approval. This involved assessing whether the agreement contained the necessary provisions, was made in good faith, and did not prejudice the ability of employees to exercise their workplace rights. Additionally, the Commission needed to consider whether the agreement had been appropriately negotiated and whether it included adequate dispute resolution mechanisms.

The Commission determined that the enterprise agreement satisfied the statutory requirements for approval. It found that the agreement contained all the necessary provisions, was negotiated in good faith, and did not prejudice employees' workplace rights. The agreement included adequate dispute resolution mechanisms and had been properly negotiated between the parties. Therefore, the Commission approved the agreement as a registered agreement.

The Commission's final orders were that the enterprise agreement between CAVVY Enterprises Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union be approved as a registered agreement under the Fair Work Act 2009.

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