DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4357)

ADCON RESOURCES VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 NOVEMBER 2019

Application for approval of the ADCON RESOURCES VIC 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 ADCON RESOURCES VIC 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 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 4 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 Fair Work Commission involved an application for approval of an enterprise agreement between ADCON Resources VIC PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The applicant sought the Fair Work Commission's endorsement of the terms and conditions of employment outlined in the agreement, which covered the period from 2019 to 2020.

The primary legal issues the Commission had to address were whether the agreement complied with the provisions of the Fair Work Act 2009, and whether it met the requirements for being a "better off overall and in the round" agreement. Specifically, the Commission needed to determine if the proposed terms and conditions of employment provided for fair and reasonable remuneration, hours of work, and other conditions of employment, and if they were consistent with the broader objectives of the Act.

In reaching its decision, the Commission considered various aspects of the proposed agreement, including wage rates, penalty rates, and other employment conditions. The Commission also examined whether the agreement provided for adequate consultation and communication between the employer and employees, as well as whether it contained provisions for resolving disputes. Ultimately, the Commission determined that the agreement met the necessary requirements and approved it, finding that it provided for fair and reasonable terms and conditions of employment and was in compliance with the Fair Work Act.

As a result of the Commission's approval, the ADCON Resources VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 was endorsed, and the terms and conditions of employment outlined in the agreement became legally binding on both parties. The approval of the agreement ensures that employees in the covered industries receive fair and reasonable remuneration and other employment conditions, while also providing a framework for resolving disputes and promoting effective communication and consultation between employers and employees.

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