DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5977)

OPT HOLDINGS TRUST T/AS OAK PARK TULLAMARINE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2021

Application for approval of the OPT Holdings Trust t/as Oak Park Tullamarine and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 OPT Holdings Trust t/as Oak Park Tullamarine and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 12 July 2021 and, in accordance with s 54, will operate from 19 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter involves an application for the approval of a proposed enterprise agreement between OPT Holdings Trust trading as Oak Park Tullamarine and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for a valid enterprise agreement, including whether it was made in good faith and whether it dealt with the terms and conditions of employment of the employees covered by the agreement.

The Commission examined the evidence presented and considered the provisions of the proposed agreement. It was satisfied that the agreement had been made in good faith and that it contained the necessary terms and conditions of employment for the employees. The Commission noted that the agreement included provisions for minimum wages, penalty rates, leave entitlements, and other employment-related matters. Additionally, the Commission found that the agreement had been negotiated between the parties with genuine attempts to reach a consensus and that there was no evidence of any undue influence or coercion. Consequently, the Commission approved the proposed enterprise agreement.

The Commission's decision was based on the evidence provided and the legal framework provided by the Fair Work Act 2009. The Commission found that the agreement met all the necessary criteria for approval and was in the best interests of the employees involved. The final orders of the Commission were that the proposed enterprise agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision.

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