DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3357)

ONBOARD (VIC) 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 SEPTEMBER 2019

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

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the ONBOARD (VIC) 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 September 2019 and, in accordance with s 54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the ONBOARD (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The CFMEU and ONBOARD (VIC) PTY LTD sought to have their agreement recognised and enforced as a valid enterprise agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement had been made in accordance with the Act, whether it contained the required terms and conditions, and whether it was fair and reasonable in all its parts. The Commission also had to consider whether the agreement provided for genuine bargaining and whether it complied with the good faith bargaining obligations set out in the Act.

In its decision, the Commission examined the process by which the agreement was negotiated and the evidence presented regarding the parties' bargaining positions. The Commission found that the agreement had been made in good faith and that there had been genuine bargaining between the parties. The Commission considered the terms of the agreement, including the provisions related to wages, hours of work, and other employment conditions, and concluded that the agreement was fair and reasonable. The Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Commission's decision was based on its assessment of the evidence and the application of the relevant legal principles. The Commission found that the agreement was a genuine enterprise agreement that provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission approved the agreement and directed that it be registered with the Fair Work Ombudsman. The approval of the agreement ensures that the terms and conditions set out in the agreement will be legally enforceable between the parties.

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