DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/296)

THE TRUSTEE FOR ALL MELBOURNE CONSTRUCTIONS (VIC) TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 FEBRUARY 2021

Application for approval of THE TRUSTEE FOR ALL MELBOURNE CONSTRUCTIONS (VIC) TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as THE TRUSTEE FOR ALL MELBOURNE CONSTRUCTIONS (VIC) TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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] 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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Trust for All Melbourne Constructions (Vic) Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of a Subcontractors Plastering Enterprise Agreement 2020-2023 from the Fair Work Commission. The Trust is a trustee of a trust that holds the assets of a number of construction companies. The Trust entered into an Enterprise Agreement with the Union, which covers plasterers employed by subcontractors of the Trust's companies. The Trust and the Union sought to have the Agreement approved as a safety net agreement under the Fair Work Act 2009. The Trust and the Union argued that the Agreement was a safety net agreement because it provided for terms and conditions of employment that were not less favourable than the relevant award and contained all the prescribed safety net terms. The Trust and the Union also argued that the Agreement was a safety net agreement because it was made in good faith and after proper consultation. The Trust and the Union submitted that the Agreement was a safety net agreement because it provided for terms and conditions of employment that were not less favourable than the relevant award and contained all the prescribed safety net terms. The Trust and the Union also submitted that the Agreement was a safety net agreement because it was made in good faith and after proper consultation. The Fair Work Commission found that the Agreement was a safety net agreement because it provided for terms and conditions of employment that were not less favourable than the relevant award and contained all the prescribed safety net terms. The Fair Work Commission also found that the Agreement was a safety net agreement because it was made in good faith and after proper consultation. The Fair Work Commission approved the Agreement as a safety net agreement under the Fair Work Act 2009.

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