DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1742)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2019

Application for approval of the CYCON CIVIL 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 CYCON CIVIL 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 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and CYCON CIVIL PTY LTD to have their enterprise agreement approved. The Fair Work Commission was the court hearing the application. The legal issue was whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it provided for fair and reasonable terms and conditions.

The Commission found that the agreement was generally in compliance with the Act, but it identified several areas of concern. Notably, it found that the agreement did not adequately address the issue of casual employees' access to paid leave. The Commission was also concerned about the agreement's provisions on shift patterns, which it found could lead to unreasonable work demands on employees. However, the Commission also found that the agreement provided for fair and reasonable terms and conditions in other areas, such as wages and hours of work.

The Commission concluded that, while the agreement had some shortcomings, it was in the best interests of the employees and the employer to approve it. It found that the benefits of the agreement, such as improved wages and conditions, outweighed the shortcomings. The Commission approved the agreement subject to some modifications to address the concerns it had identified. The modifications included improving the provisions on paid leave for casual employees and setting maximum shift lengths to prevent unreasonable work demands.

The final orders of the Commission were that the agreement be approved with modifications. The modifications included changes to the provisions on paid leave and shift patterns, as well as some minor changes to other provisions. The parties were required to implement the modifications within a specified timeframe.

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