DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2807)

DELLA PRECAST (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 AUGUST 2019

Application for approval of the DELLA PRECAST (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DELLA PRECAST (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Precast Panel 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 Construction, Forestry, Maritime, Mining and Energy Union. 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 15 August 2019 and, in accordance with s.54, will operate from 22 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the DELLA PRECAST (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 - 2018, the Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a registered organisation, and the agreement in question was made between Della Precast (Vic) Pty Ltd and the CFMEU, representing the employees within the relevant industry.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, specifically section 234, which mandates that an agreement must provide for fair and reasonable terms and conditions to be eligible for approval. The Commission needed to examine whether the agreement satisfied the criteria for being "better off overall" for the employees and whether it adhered to the other statutory obligations set forth in the Act.

After carefully reviewing the terms of the agreement, the Fair Work Commission found that the agreement was fair and reasonable and met the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave, and other employment-related matters. Furthermore, the Commission was satisfied that the agreement did not negatively impact the employees' overall conditions of employment. Consequently, the Fair Work Commission approved the agreement, finding that it was in the best interest of the employees and complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission ordered that the DELLA PRECAST (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 - 2018 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement is legally binding and enforceable between the parties, providing the employees with the agreed-upon terms and conditions for the duration of the 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