DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6388)

CURNOW UNIT INVESTMENT TRUST (THE TRUSTEE FOR) T/AS ELEVATOR BUILDING SITE SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 AUGUST 2021

Application for approval of the CURNOW UNIT INVESTMENT TRUST (THE TRUSTEE FOR) T/As ELEVATOR BUILDING SITE SERVICES and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CURNOW UNIT INVESTMENT TRUST (THE TRUSTEE FOR) T/As ELEVATOR BUILDING SITE SERVICES and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023 (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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The applicant sought approval for a proposed enterprise agreement between the trustee of the Curnow Unit Investment Trust, trading as Elevator Building Site Services, and the CFMEU (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission. The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement appropriately balanced the interests of both employers and employees, including whether it provided for fair and reasonable terms and conditions of employment.

The Commission carefully examined the proposed agreement, considering the nature of the industry and the bargaining positions of both parties. It assessed whether the agreement provided for appropriate minimum rates of pay, reasonable working conditions, and adequate dispute resolution mechanisms. The Commission also considered the views of both the employer and the union, as well as any other relevant stakeholders. Ultimately, the Commission found that the proposed agreement met the necessary criteria for approval, as it provided for fair and reasonable terms and conditions of employment, and appropriately balanced the interests of both parties.

Consequently, the Commission approved the proposed enterprise agreement, finding it to be in compliance with the relevant provisions of the Fair Work Act 2009. The agreement was set to commence on the date of the Commission's decision and would remain in force until the end of the specified period, subject to any further orders the Commission might make. The decision represented a resolution of the dispute, allowing the parties to move forward with the agreed terms and conditions of employment.

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