DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4493)

PARKFORM CONSTRUCTIONS (VIC) PTY LTD AND CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 DECEMBER 2019

Application for approval of the Parkform Constructions (Vic) Pty Ltd and 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 Parkform Constructions (Vic) Pty Ltd and 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 the 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Parkform Constructions (Vic) Pty Ltd. The dispute centred around the approval of the Enterprise Agreement between the two parties, covering the period from 2019 to 2020. The matter was brought before the Fair Work Commission. The primary legal issue the court had to address was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the necessary provisions and if it had been made in good faith and without coercion.

The court's reasoning involved a thorough examination of the Enterprise Agreement to ensure it complied with the Fair Work Act. The court considered various factors, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it included adequate mechanisms for dispute resolution. Additionally, the court assessed whether the agreement had been negotiated in good faith and without any form of coercion. After careful consideration, the court found that the Enterprise Agreement met all the statutory requirements for approval.

As a result, the court approved the Enterprise Agreement between Parkform Constructions (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period from 2019 to 2020. This decision confirmed the agreement's validity and enforceability under the Fair Work Act. The final orders of the court were that the Enterprise Agreement be approved, and the terms and conditions it contained would be binding on both parties for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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