DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4895)

THE TRUSTEE FOR VEALE FAMILY VOCATIONAL TRUST T/AS VEALSTRUCT PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 MAY 2021

Application for approval of The Trustee for Veale Family Vocational Trust T/As Vealstruct 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 Veale Family Vocational Trust T/As Vealstruct 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 25 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of the Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was called upon to assess and approve a collective agreement between The Trustee for Veale Family Vocational Trust trading as Vealstruct Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. This application for approval of the Union Collective Agreement 2020‒2022 was brought before the Commission under the Fair Work Act 2009. The dispute centred on whether the collective agreement met the statutory requirements for approval, including compliance with the good faith bargaining provisions and the public interest test.

The legal issues that required resolution by the Commission included whether the agreement represented the outcome of genuine and good faith bargaining between the parties and whether it met the public interest test as outlined in the Fair Work Act. Furthermore, the Commission had to determine if the agreement contained provisions that were consistent with the principles of enterprise bargaining and did not unfairly discriminate against employees.

In its decision, the Commission found that the agreement was the product of genuine and good faith bargaining. It noted that the parties had engaged in a constructive process that led to the agreement. The Commission also determined that the agreement was in the public interest and contained provisions that were consistent with the principles of enterprise bargaining. The Commission further found that there were no provisions that unfairly discriminated against employees. Consequently, the Commission approved the Union Collective Agreement 2020‒2022.

The Commission's final orders included the approval of the Union Collective Agreement 2020‒2022, effective from 1 July 2020, and the registration of the agreement with the Fair Work Commission. This decision underscores the importance of good faith bargaining and the need for collective agreements to align with the principles of enterprise bargaining and the public interest.

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