DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5839)

D'AQUINO FAMILY TRUST T/AS JD STEELFIXING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JULY 2021

Application for approval of the D'AQUINO FAMILY TRUST T/AS JD STEELFIXING and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the D’AQUINO FAMILY TRUST T/AS JD STEELFIXING and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the D’Aquino Family Trust trading as JD Steelfixing, represented by the Subcontractors Steelfixing Enterprise Agreement 2020-2023. The primary dispute was the application for approval of the enterprise agreement by the Fair Work Commission (FWC). The court was required to assess whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues the court had to decide involved whether the enterprise agreement was appropriately negotiated and whether it complied with the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, if it contained the minimum terms and conditions as required by the Act, and if it was appropriately negotiated with genuine consultation. Additionally, the court had to assess if the agreement met the procedural requirements for approval by the FWC.

The court found that the application for approval was valid and that the agreement had been made in good faith. It held that the agreement contained all the minimum terms and conditions mandated by the Fair Work Act, and that the negotiation process had met the legal standards. The court concluded that the agreement was appropriately negotiated with genuine consultation and that it complied with all procedural requirements for approval by the FWC. Consequently, the court approved the application for the enterprise agreement.

In its decision, the court approved the Subcontractors Steelfixing Enterprise Agreement 2020-2023 between the D’Aquino Family Trust trading as JD Steelfixing and the CFMEU (Victorian Construction and General Division). The court determined that the agreement was validly negotiated, contained all the required minimum terms, and complied with the Fair Work Act. The final orders of the court were to approve the enterprise agreement as presented, effective from the date of the 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