DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3811)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 OCTOBER 2019

Application for approval of the COOPER CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the COOPER CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[4] The Agreement was approved on 16 October 2019 and, in accordance with s 54, will operate from 23 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Cooper Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The union and the employer had reached an agreement on various terms and conditions of employment, which they sought to have formally approved.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement had been made in accordance with the procedural prerequisites, including whether it had been made freely and without any duress, and whether it contained all the mandated terms as per the Act. Additionally, the Commission needed to determine if the agreement complied with the "better off overall test", which requires that the agreement must not prejudice the employees it covers and must provide them with at least the same terms and conditions as those they had prior to the agreement.

The Fair Work Commission found that the agreement had been made in compliance with all procedural requirements. It confirmed that there was no evidence of duress or unfairness in the negotiation process. Furthermore, the Commission was satisfied that the agreement satisfied the better off overall test, as the employees would not be disadvantaged by the terms of the agreement and would retain their previous conditions of employment. Given these findings, the Commission approved the enterprise agreement, thereby finalising the dispute.

The Fair Work Commission approved the Cooper Civil Pty Ltd and CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. This decision formalises the terms and conditions of employment for the employees covered by the agreement, ensuring that they are protected under the approved 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