DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3005)

FORZA GROUP TRUST (THE TRUSTEE FOR) T/AS FORZA GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 AUGUST 2019

Application for approval of the FORZA GROUP TRUST (THE TRUSTEE FOR) T/As FORZA GROUP 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 FORZA GROUP TRUST (THE TRUSTEE FOR) T/As FORZA GROUP 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 2 September 2019. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the FORZA GROUP TRUST for the approval of a new enterprise agreement with the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The parties were in dispute over various terms and conditions outlined in the proposed agreement. The Commission was tasked with assessing whether the agreement met the necessary standards under the Fair Work Act 2009. This included evaluating if the agreement provided for fair and reasonable terms and conditions, if it was free from any discriminatory provisions, and if it had been genuinely negotiated.

The primary legal issues the Commission had to decide revolved around the fairness and reasonableness of the proposed terms. Specifically, the Commission needed to determine if the agreement adequately addressed the balance of workplace rights and obligations, and if it provided for equitable treatment of employees. Additionally, the Commission had to ensure that the agreement did not contain any discriminatory clauses that could adversely affect any group of employees. The Commission also had to consider if the agreement was genuinely negotiated, meaning that there was a true process of give-and-take between the parties involved.

The Commission undertook a detailed analysis of the proposed agreement, considering both the submissions from the parties and the relevant legal standards. It found that the agreement provided for fair and reasonable terms and conditions of employment, and was free from any discriminatory provisions. The Commission also concluded that the agreement had been genuinely negotiated, as evidenced by the documented bargaining process. Given these findings, the Commission approved the proposed enterprise agreement, ensuring that it would now legally bind the parties for the specified period.

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