DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4005)

ALL STATES TRADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the ALL STATES TRADES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the ALL STATES TRADES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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 8 November 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between the Construction, Forestry, Maritime, Mining and Energy Union and All States Trades Pty Ltd, as represented by the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The application was heard in the Fair Work Commission. The central issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees.

The court examined the proposed agreement in detail, considering various aspects of the terms and conditions, including wages, working hours, and other employment conditions. The court found that the agreement provided for the minimum terms and conditions as required by the Act, and that the agreement was fair and reasonable in all its terms. The court also found that the agreement was in the best interests of the employees, as it provided for a number of benefits, including improved wages and conditions for employees. The court noted that the agreement had been the subject of extensive bargaining between the parties and that it reflected the parties' genuine agreement.

In light of the above findings, the court approved the proposed enterprise agreement. The court noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it met all the requirements for approval under the Act. The court's decision was based on a careful consideration of the evidence and arguments presented by both parties, and it reflected the court's commitment to promoting fair and productive workplace relations.

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