DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4347)

ALORRA CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 NOVEMBER 2019

Application for approval of the Alorra Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Alorra Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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 2 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 involved an application for the approval of an enterprise agreement between Alorra Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC), which is the relevant tribunal tasked with overseeing and approving such agreements. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The primary legal issues before the FWC involved verifying that the agreement was made in good faith, that it was free from any improper influence or coercion, and that it provided for a safety net of minimum entitlements for employees. Furthermore, the FWC had to ensure that the agreement was not detrimental to the proper functioning of the industrial relations system, and that it complied with all relevant legislative provisions, including those concerning the protection of employees' rights and entitlements.

In its decision, the FWC examined the processes followed in the negotiation of the agreement, the extent of the union's and employer's bargaining power, and the fairness of the terms proposed. The Commission considered submissions from both parties and took into account relevant industrial and economic factors. Ultimately, the FWC found that the agreement met all necessary criteria and did not have any adverse effects on the employees' rights or the broader industrial relations system. Therefore, the FWC approved and registered the agreement.

The final orders of the FWC included the approval and registration of the Alorra Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019, effective from the date of the decision. This decision allows the agreement to legally bind both parties and their employees, ensuring that it provides a fair and balanced set of terms and conditions for all involved.

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