DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/500)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2019

Application for approval of the FIAGO 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 FIAGO 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, 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 19 March 2019. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, representing employees, and FIAGO Pty Ltd, an employer, sought approval of an enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the provisions of the Act. The legal issues centred on whether the agreement contained all the required provisions, whether it was fairly negotiated, and whether it complied with the good faith bargaining requirements. The Fair Work Commission reviewed the agreement and considered submissions from both parties. It found that the agreement contained all the necessary provisions and had been fairly negotiated in good faith. The Commission approved the enterprise agreement, noting that it provided for appropriate terms and conditions for employees while also meeting the needs of the employer.

The Fair Work Commission examined the negotiation process and concluded that it had been conducted in good faith. The agreement was found to provide for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The Commission was satisfied that the agreement met all the statutory requirements and did not contain any terms that would be contrary to public policy. The decision to approve the enterprise agreement was based on the Commission's assessment that it was in the best interests of the employees and the employer, and that it promoted harmonious, productive, and cooperative workplace relations. The Commission's decision was based on a thorough analysis of the agreement and the submissions made by both parties, and it reflected the Commission's commitment to ensuring that enterprise agreements are fair and effective.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established