DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6056)

THE TRUSTREE FOR MASONRY PROJECTS TRUST T/AS MASONRY PROJECTS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICK LAYING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JULY 2021

Application for approval of The Trustee For Masonry Projects Trust t/as Masonry Projects and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying Enterprise Agreement 2020-2023.

[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 Masonry Projects Trust t/as Masonry Projects and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying 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. 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. 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), I note that the Agreement covers the organisation.

[3] The Agreement was approved on 15 July 2021 and, in accordance with s 54, will operate from 22 July 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

The Construction, Forestry, Maritime, Mining and Energy Union, on behalf of its members, applied to the Fair Work Commission for the approval of the Enterprise Agreement between The Trustee For Masonry Projects Trust trading as Masonry Projects and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying Enterprise Agreement 2020-2023. The application was opposed by the employer, which raised several concerns regarding the agreement's provisions. The dispute was heard and determined by the Fair Work Commission.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it contained the necessary minimum terms and conditions, and whether it was made in good faith and without coercion. The employer argued that the agreement did not provide sufficient protections for employees and that certain provisions were unfair.

The Fair Work Commission found that the agreement contained all the required minimum terms and conditions and was made in good faith. The Commission dismissed the employer's claims of unfairness, concluding that the agreement was reasonable and appropriate for the industry and the parties involved. The Commission approved the Enterprise Agreement, finding that it met all the necessary criteria for approval.

The Fair Work Commission approved the Enterprise Agreement between The Trustee For Masonry Projects Trust trading as Masonry Projects and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying Enterprise Agreement 2020-2023. The decision is final and binding on both parties.

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