DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Victoria Branch
(AG2019/4816)

ARYANA CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 DECEMBER 2019

Application for approval of the ARYANA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the ARYANA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020 (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-Victoria Branch. 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 31 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the ARYANA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020. The Construction, Forestry, Maritime, Mining and Energy Union-Victoria Branch sought approval for the agreement, while ARYANA CONSTRUCTION PTY LTD opposed the application. The dispute centred around the terms and conditions outlined in the enterprise agreement, which was intended to govern the employment relationship between the employer and the union's members.

The central legal issue was whether the agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees, complied with the good faith bargaining provisions, and contained the essential terms as required by the Act. Additionally, the court had to assess whether the agreement was free from any unlawful content or discrimination.

In rendering its decision, the Fair Work Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act 2009. The Commission found that the agreement was in the best interests of the employees, as it provided a fair and reasonable set of terms and conditions of employment. The Commission also determined that the agreement had been reached through good faith bargaining and contained all the essential terms. Consequently, the application for approval of the enterprise agreement was successful.

As a result of the decision, the ARYANA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020 was approved and registered by the Fair Work Commission. The agreement is now legally binding on the employer and the union's members, governing their employment relationship for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established