DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/641)

VAUGHAN CONSTRUCTIONS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

Application for approval of the Vaughan Constructions Pty. Ltd. / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Vaughan Constructions Pty. Ltd. / CFMEU Collective 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 28 March 2019. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Vaughan Constructions Pty. Ltd., sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission, with the respondent, CFMEU, opposing the approval of the agreement on several grounds. The central legal issues revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the enforceability and fairness of the terms negotiated.

The Commission examined whether the agreement adequately met the statutory requirements for approval, including its alignment with the overarching principles of the Act, such as promoting harmonious, productive, and cooperative workplace relations. Key considerations included whether the agreement provided for appropriate dispute resolution mechanisms and whether it was negotiated in good faith. The Court also considered the implications of the agreement on the broader industrial relations landscape, ensuring it did not undermine public policy or worker protections.

In its reasoning, the Commission found that the agreement largely met the statutory criteria for approval. The terms were deemed fair and reasonable, with appropriate dispute resolution processes in place. The negotiation process was found to have been conducted in good faith, and the agreement did not contravene any fundamental principles of the Fair Work Act. Consequently, the Commission approved the collective agreement, balancing the rights and interests of both parties within the framework of the Act.

The final orders of the Commission were to approve the Vaughan Constructions Pty. Ltd. / CFMEU Collective Agreement 2019, subject to the specific terms and conditions outlined in the agreement. This decision reinforces the importance of adhering to statutory requirements while fostering cooperative industrial relations.

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