DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schiavello Construction (Vic) Pty Ltd
(AG2021/6371)

SCHIAVELLO CONSTRUCTION (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2021

Application for approval of the Schiavello Construction (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] Schiavello Construction (Vic) Pty Ltd has made an application for approval of an enterprise agreement known as the Schiavello Construction (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder 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 30 July 2021 and, in accordance with s 54, will operate from 6 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

In the Fair Work Commission, Schiavello Construction (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) sought approval of a proposed enterprise agreement. The Commission was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement contained all the prescribed terms and conditions, whether it provided for the genuine and voluntary expression of employee views, and whether it promoted streamlined, productive and cooperative workplace relations. The Commission found that the proposed agreement met all the statutory requirements. The agreement contained all the prescribed terms and conditions, and it provided for the genuine and voluntary expression of employee views through a process that allowed employees to consider the agreement over a period of time and seek clarifications from their union. The Commission also found that the agreement promoted streamlined, productive and cooperative workplace relations by setting out clear processes for dispute resolution and consultation between the parties. Accordingly, the Commission approved the proposed agreement. The orders of the Commission were that the Schiavello Construction (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act 2009.

Schiavello Construction (Vic) 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