DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2534)

DUNDRUM CIVIL (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 MASSON	MELBOURNE, 5 AUGUST 2019

Application for approval of the Dundrum Civil (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dundrum Civil (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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] 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 12 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Dundrum Civil (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The parties sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on the terms of the agreement, including wages, hours of work, and other conditions of employment. The primary concern was whether the agreement met the "better off overall test" and adhered to the principles of the Fair Work Act.

The legal issues that the Fair Work Commission had to address included whether the agreement provided a safety net for employees that was at least equal to the applicable awards and whether it met the requirements for a modern award. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the Fair Work Act. Additionally, the Commission examined whether the agreement was the product of genuine bargaining between the parties.

The Fair Work Commission found that the agreement met the "better off overall test" and provided for fair and reasonable terms and conditions of employment. The Commission held that the agreement provided a safety net for employees that was at least equal to the applicable awards and that it met the requirements for a modern award. The Commission also found that the agreement was the product of genuine bargaining between the parties and was consistent with the principles of the Fair Work Act. Consequently, the Commission approved the agreement.

The Fair Work Commission's decision was that the Dundrum Civil (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 met the requirements for approval under the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and met the "better off overall test". The Commission also found that the agreement was the product of genuine bargaining between the parties and was consistent with the principles of the Fair Work Act. The Commission approved the agreement and it became a modern award on 1 July 2020.

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