DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I.G. Parker Pty Ltd
(AG2021/6517)

I.G. PARKER PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STONEMASONS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 AUGUST 2021

Application for approval of the I.G. Parker Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023.

[1] I.G. Parker Pty Ltd has made an application for approval of an enterprise agreement known as the I.G. Parker Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[5] The Agreement was approved on 10 August 2021 and, in accordance with s 54, will operate from 17 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved I.G. Parker Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023. The primary issue was the application for approval of the proposed enterprise agreement by the relevant parties. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the court required it to determine whether the agreement was a "good faith" bargaining result and whether it contained the requisite "modern award terms" and other minimum standards. The Commission had to assess whether the agreement adhered to the procedural fairness requirements, including the appropriate consultation process and the absence of any undue influence or coercion. Furthermore, the court needed to ensure that the agreement's provisions did not undermine the protections afforded by the relevant modern award.

In delivering its decision, the Commission considered the submissions and evidence provided by both parties. It found that the agreement was a genuine product of good faith bargaining and included all necessary modern award terms. The Commission also concluded that the consultation process was fair and transparent, with no evidence of undue influence or coercion. Consequently, the application for approval was granted, and the enterprise agreement was registered.

The Fair Work Commission approved the I.G. Parker Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023, and ordered that it be registered accordingly.

I.G. Parker Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established