DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/96)

VAN DER VEEN HOLDINGS PTY. LTD. T/AS PROGRIND AUSTRALIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) FLOORING ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JANUARY 2020

Application for approval of the VAN DER VEEN HOLDINGS PTY. LTD. T/As PROGRIND AUSTRALIA and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the VAN DER VEEN HOLDINGS PTY. LTD. T/As PROGRIND AUSTRALIA and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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 6 February 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Van der Veen Holdings Pty. Ltd. trading as Progrind Australia and the CFMEU (Victorian Construction and General Division), with the dispute centering on the proposed Flooring Enterprise Agreement 2019-2021. The application for the approval of this agreement was brought before the court to determine its validity and enforceability.

The legal issues the court had to decide included whether the agreement was made in good faith, if it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act 2009, and if the agreement adhered to the procedural requirements for its making. The court also needed to consider whether the agreement was suitable for the employees covered by it and whether it complied with the provisions of the Act regarding the protection of vulnerable employees.

The court found that the agreement was made in good faith, contained all the required minimum terms and conditions, and adhered to the procedural requirements for its making. It determined that the agreement was suitable for the employees covered by it and complied with the Act's provisions for protecting vulnerable employees. Therefore, the court approved the Flooring Enterprise Agreement 2019-2021, ensuring it would be legally binding and enforceable between the parties involved.

The final orders of the court approved the Flooring Enterprise Agreement 2019-2021 between Van der Veen Holdings Pty. Ltd. trading as Progrind Australia and the CFMEU (Victorian Construction and General Division), effective from the date of the court's decision. This approval ensures that the agreement will govern the employment conditions of the employees covered by it for the duration of the agreement.

VAN DER VEEN HOLDINGS PTY. LTD. T/AS PROGRIND AUSTRALIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) FLOORING ENTERPRISE AGREEMENT 2019-2021

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established