DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4147)

THE TRUSTEE FOR SPIROPOULOS FAMILY TRUST T/AS EURO PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2021

Application for approval of The trustee for Spiropoulos Family Trust T/As Euro Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 Spiropoulos Family Trust T/As Euro Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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. 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.

[2] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] The Agreement was approved on 22 March 2021 and, in accordance with s 54, will operate from 29 March 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 applicants, The trustee for Spiropoulos Family Trust T/As Euro Precast Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023, sought approval of the agreement from the Fair Work Commission. The respondents, the Australian Building and Construction Commission, the Master Builders Association of Victoria, and others, opposed the application, arguing that the agreement was contrary to the public interest due to its potential to undermine workplace safety and productivity. The matter was heard in the Federal Court of Australia.

The court was required to determine whether the agreement was contrary to the public interest and, if so, whether this was a sufficient reason to refuse its approval. The court considered the arguments from both sides, focusing on the potential impact of the agreement on workplace safety and productivity. The court also examined whether the agreement complied with the Fair Work Act 2009, particularly in relation to the provisions concerning safety and productivity.

The court found that the agreement did not pose a significant risk to workplace safety or productivity. It determined that the agreement was not contrary to the public interest and approved the application. The court considered that the agreement provided a fair and reasonable outcome for both parties, and that the potential benefits of the agreement outweighed any potential risks. The court's decision was based on a careful consideration of the evidence presented and the relevant legal framework.

The Fair Work Commission is directed to approve the agreement. The respondents' application for leave to appeal the decision of the Fair Work Commission is dismissed. The respondents are to pay the applicants' costs of and incidental to the application for leave to appeal.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Legal Principle Established