DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4494)

KEYSTONE VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 DECEMBER 2019

Application for approval of the KEYSTONE VICTORIA 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 KEYSTONE VICTORIA 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 11 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting as a registered organisation, lodged an application for the approval of the Keystone Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The application was brought pursuant to section 234 of the Fair Work Act 2009. The legal issues that arose in this case related to whether the agreement met the requirements of the Fair Work Act, including whether it provided for the proper classification and remuneration of employees, and if it adhered to the provisions of the Act regarding the protection of employee rights.

The Commission examined the terms and conditions of the agreement to determine if it complied with the statutory requirements. The focus was on ensuring that the agreement did not disadvantage employees in terms of their pay and conditions, and that it allowed for fair and reasonable workplace practices. After careful consideration of the evidence presented and the provisions of the Fair Work Act, the Commission found that the agreement was in compliance with the relevant statutory requirements. The agreement was thus approved, acknowledging that it provided fair and reasonable terms for the employees involved.

The Commission's decision to approve the enterprise agreement was based on a thorough evaluation of its contents and its alignment with the Fair Work Act. The agreement was deemed to provide for fair classification and remuneration of employees, and it was found to adequately protect the rights of the workforce. The Commission's approval ensured that the agreement would operate as a legally binding contract between the employer and the employees. As a result, the application for approval of the agreement was successful.

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