DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5145)

THE TRUSTEE FOR R AND K UNIT TRUST T/AS D.B. FARRELL'S PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2021

Application for approval of The Trustee for R and K Unit Trust T/As D.B. Farrell's Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for R and K Unit Trust T/As D.B. Farrell’s Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between The Trustee for R and K Unit Trust trading as D.B. Farrell's Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to its compliance with the public interest test and whether it was a genuine agreement between the parties. The Commission needed to assess whether the agreement was fair and reasonable in terms of its provisions and whether it met the statutory criteria for approval.

The Commission reviewed the content of the agreement and considered the submissions made by both parties. It examined whether the agreement adequately addressed the needs of employees and employers, and whether it promoted harmonious, productive and cooperative workplace relations. The Commission also assessed whether the agreement contained provisions that were necessary to prevent exploitation of workers and to ensure that employees were treated fairly and with dignity. The Commission found that the agreement was a genuine agreement between the parties and that it met the statutory requirements for approval. The Commission approved the collective agreement, noting that it contained provisions that were fair and reasonable and that it met the public interest test.

The final orders of the Commission were that the collective agreement between The Trustee for R and K Unit Trust trading as D.B. Farrell's Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2020‒2022 be approved. The Commission's decision provides guidance to employers and unions on the requirements for approving collective agreements under the Fair Work Act 2009. The decision also highlights the importance of ensuring that collective agreements promote harmonious, productive and cooperative workplace relations and that they contain provisions that are fair and reasonable for both employers and employees.

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