DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4431)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the COLAB FACADE 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 COLAB FACADE 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 6 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 (CFMEU) applied for the approval of the COLAB FACADE PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The dispute arose from the negotiations between the union and the employer over the terms of the enterprise agreement. The union sought to have the agreement approved by the Commission.

The primary legal issues that the Commission was required to address involved whether the terms of the enterprise agreement were procedurally and substantively fair. The Commission examined whether the agreement was negotiated in good faith, whether it contained terms that were consistent with the Fair Work Act 2009, and whether it provided for the protection of employees' rights and entitlements. The Commission also considered the impact of the agreement on the employees and the employer, including its potential effects on the business operations and the employment conditions.

The Commission found that the agreement was negotiated in good faith and contained terms that were consistent with the Fair Work Act. The Commission also determined that the agreement provided for the protection of employees' rights and entitlements, and that it was fair and reasonable in all the circumstances. The Commission noted that the agreement included provisions for the protection of employees' health and safety, and that it provided for a fair and equitable distribution of the benefits and burdens of employment. The Commission was satisfied that the agreement would not have an adverse effect on the business operations of the employer.

The Commission approved the COLAB FACADE PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The agreement is now legally binding on the employer and the employees, and it will govern the employment conditions of the employees for the duration of the agreement. The Commission's decision provides certainty and stability to the parties and ensures that the employees are protected by a fair and reasonable enterprise agreement.

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