DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schiavello Systems (VIC) Pty Ltd
(AG2021/6375)

SCHIAVELLO SYSTEMS (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 Systems (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] Schiavello Systems (VIC) Pty Ltd has made an application for approval of an enterprise agreement known as the Schiavello Systems (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

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CaseChat Overview and Summary

Schiavello Systems (VIC) Pty Ltd, along with the CFMEU (Victorian Construction and General Division), sought approval for their Builder Enterprise Agreement 2020-2023, which was being heard by the Fair Work Commission. The agreement in question was intended to set the terms and conditions for employees within the building and construction industry in Victoria. The application came before the Commission with the aim of ensuring that the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the proposed agreement complied with the procedural and substantive requirements set out in the Act. This included assessing if the agreement was made in good faith, if it was made without coercion, and if it met the minimum standards prescribed by the Act. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions for employees and employers. Additionally, the Commission had to determine if the agreement would lead to a more efficient and productive workforce, and whether it addressed any specific needs or issues relevant to the industry.

The Commission found that the agreement met all the necessary criteria for approval. It was determined that the agreement was made in good faith, without coercion, and provided for fair and reasonable terms and conditions for both employees and employers. The agreement also demonstrated a commitment to improving efficiency and productivity in the industry, as well as addressing specific issues relevant to the building and construction sector. As a result, the Commission approved the Schiavello Systems (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023, effective from 1 July 2020.

Schiavello Systems (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