DECISION

Fair Work Act 2009
s.185—Enterprise agreement

De Martin & Gasparini Pty Limited; and De Martin & Gasparini Pumping Pty Limited
(AG2020/939)

DE MARTIN & GASPARINI / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 APRIL 2020

Application for approval of the De Martin & Gasparini / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the De Martin & Gasparini / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by De Martin & Gasparini Pty Limited; and De Martin & Gasparini Pumping Pty Limited. 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 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves De Martin & Gasparini Pty Limited, De Martin & Gasparini Pumping Pty Limited, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose over the application for approval of the De Martin & Gasparini / CFMEU Collective Agreement 2019-2022. The matter was heard in the Fair Work Commission.

The key legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009 and if it complied with the provisions concerning good faith bargaining, the coverage of the agreement, and the terms and conditions it established. The Commission had to determine whether the agreement was made in good faith, was fair, and met the necessary standards for approval.

The Commission found that the agreement was made in good faith and was fair. The evidence presented showed that the negotiations were conducted with reasonable expedition and that both parties had engaged in genuine discussions. The terms of the agreement were deemed fair, meeting the requirements of the Act. The Commission concluded that the agreement was not only procedurally sound but also substantively fair and approved it accordingly.

The Fair Work Commission approved the De Martin & Gasparini / CFMEU Collective Agreement 2019-2022. The decision was made on the basis that the agreement was made in good faith, was fair, and met all legal requirements for approval under the Fair Work Act.

De Martin & Gasparini Pty Limited; and De Martin & Gasparini Pumping Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established