DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6605)

THE TRUSTEE FOR THE WITTSTADT BARRATT FAMILY TRUST T/AS GBJ INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 AUGUST 2021

Application for approval of the Trustee for The Wittstadt Barratt Family Trust T/As GBJ Installations Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Trustee for The Wittstadt Barratt Family Trust T/As GBJ Installations Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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] The 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.

[4] The Agreement was approved on 11 August 2021 and, in accordance with s 54, will operate from 18 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a union collective agreement from the Fair Work Commission. The agreement was between the union and GBJ Installations Pty Ltd, trading as Wittstadt Barratt. The dispute reached the Fair Work Commission, which had to determine whether the agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the agreement was in the best interests of the employees covered by it. The Commission had to consider if the agreement was fair and reasonable, and whether it complied with the provisions of the Fair Work Act 2009. The agreement's terms, including wages, hours of work, and other conditions, were scrutinised to ensure they were fair and balanced.

The Fair Work Commission found that the agreement met the legal standards for approval. It was deemed to be in the best interests of the employees, as it provided fair and reasonable terms. The Commission considered the parties' bargaining positions, the economic climate, and the need for the agreement to be balanced and equitable. After careful consideration, the Commission approved the agreement, recognising it as a valid and binding contract between the union and the employer.

The Fair Work Commission's decision was final, and the union collective agreement was approved. The agreement would now govern the terms and conditions of employment for the employees covered by it, providing a framework for their rights and obligations. The decision underscores the importance of ensuring that collective agreements are fair, reasonable, and in the best interests of the employees they cover.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established