DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4434)

D & T CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020

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

Application for approval of the D & T CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the D & T CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering 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 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

The matter before the court involved an application for the approval of an enterprise agreement between D & T Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019-2020. The union sought approval of the agreement under the Fair Work Act 2009, which regulates workplace agreements in Australia. The application was heard in the Fair Work Commission, an industrial relations tribunal with the authority to approve, reject, or modify enterprise agreements.

The central legal issues the court had to address were whether the agreement met the statutory criteria for approval, including whether it was fairly negotiated, provided for genuine bargaining, and was in the best interests of the employees. The court also needed to determine whether the agreement included provisions that were inconsistent with national workplace laws, such as minimum wage rates, leave entitlements, and maximum weekly hours of work. The union argued that the agreement was fairly negotiated and in the best interests of the employees, while D & T Constructions Pty Ltd did not contest the fairness of the negotiation process but raised concerns about certain provisions.

The court examined the negotiation process and found that the agreement had been fairly negotiated between the parties. It also found that the agreement contained provisions that were consistent with national workplace laws and that the agreement was in the best interests of the employees. The court rejected D & T Constructions Pty Ltd's concerns about certain provisions, finding that they were reasonable and in line with industry standards. The court approved the enterprise agreement, finding that it met the statutory criteria for approval and was in the best interests of the employees.

The court approved the Plastering Enterprise Agreement 2019-2020 between D & T Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The court found that the agreement was fairly negotiated, provided for genuine bargaining, and was in the best interests of the employees. The court also found that the agreement contained provisions that were consistent with national workplace laws. The agreement was approved, and the parties were directed to comply with its terms.

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