DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/938)

FITZGERALD CONSTRUCTIONS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 APRIL 2019

Application for approval of the FITZGERALD CONSTRUCTIONS AUSTRALIA 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 FITZGERALD CONSTRUCTIONS AUSTRALIA 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 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 17 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Fitzgerald Constructions Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute arose before the Fair Work Commission (FWC), which was tasked with determining whether the agreement should be certified as a lawful and applicable enterprise agreement. The central issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the coverage of employees, the terms and conditions of employment, and the procedural fairness in the agreement's negotiation and drafting.

The FWC examined the procedural fairness of the bargaining process, considering whether the agreement was genuinely negotiated between the parties, and whether the union had adequately represented the employees. The court also assessed the substantive terms of the agreement, ensuring they met the statutory minimum standards and did not discriminate against any employee. Given the complexities of the bargaining process and the specific terms of the agreement, the FWC needed to balance the rights of the employer and the union against the interests of the employees.

After a thorough review, the FWC found that the agreement was genuinely negotiated and represented the interests of the employees appropriately. The terms of the agreement were deemed to comply with the statutory minimum standards, and no unfair discrimination was found. Consequently, the FWC approved the enterprise agreement, confirming its validity and applicability. The decision ensured that the agreement could be enforced as a binding contract between the employer and the employees represented by the union.

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