DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4512)

LIVELY TEAM PTY LTD T/AS ADD A LINE LINEMARKING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 DECEMBER 2019

Application for approval of the LIVELY TEAM PTY LTD T/As ADD A LINE LINEMARKING 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 LIVELY TEAM PTY LTD T/As ADD A LINE LINEMARKING 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, LIVELY TEAM PTY LTD trading as ADD A LINE LINEMARKING, along with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division), sought approval of their enterprise agreement for the period 2019-2020. The application was heard in the Fair Work Commission, with the Commission exercising its powers under section 232 of the Fair Work Act 2009. The legal issues central to the case involved whether the proposed enterprise agreement complied with the legislative requirements for approval, particularly focusing on provisions concerning wages, conditions of employment, and other matters stipulated by the Fair Work Act.

The Fair Work Commission examined whether the agreement met the criteria for approval, including its fairness and compliance with the statutory requirements. It considered the balance of the agreement, particularly the wage provisions, and whether they provided adequate protections and benefits to employees. The Commission also assessed whether the agreement included provisions that were contrary to the public interest or detrimental to employees. After thorough examination, the Commission found that the agreement did not contain any provisions that were unfair or contrary to the public interest. The wage provisions, alongside other terms, were deemed to offer fair and reasonable benefits to the employees.

Based on its findings, the Fair Work Commission approved the LIVELY TEAM PTY LTD T/As ADD A LINE LINEMARKING and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The Commission determined that the agreement complied with the necessary legislative requirements and was fair to all parties involved. The approval was granted, allowing the agreement to come into effect as per the stipulated dates. This decision ensures that the terms of employment for the employees under this enterprise agreement are legally recognised and enforceable.

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