DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/175)

THE TRUSTEE FOR CITYWIDE PRESTIGE SERVICES TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2021

Application for approval of THE TRUSTEE FOR CITYWIDE PRESTIGE SERVICES TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the TRUSTEE FOR CITYWIDE PRESTIGE SERVICES TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[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 19 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the trustee for the Citywide Prestige Services Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of the Subcontractors Precast Panel Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission. The central dispute pertains to whether the proposed enterprise agreement meets the criteria for approval under the Fair Work Act 2009, including considerations of procedural fairness and whether the agreement contains terms that comply with the Act’s objectives.

The court had to determine if the agreement was fairly negotiated and if it adhered to the requirements set out by the Fair Work Act. This involved examining the negotiation process to ensure that it was conducted in good faith and that all parties had a reasonable opportunity to participate. The court also had to assess whether the terms of the agreement were consistent with the broader objectives of the Act, which include facilitating productive and harmonious workplace relations.

The Fair Work Commission found that the agreement was fairly negotiated and met the criteria for approval. The Commission concluded that the negotiation process was conducted in good faith and that all parties had an adequate opportunity to participate. The terms of the agreement were also found to be consistent with the objectives of the Fair Work Act. The Commission approved the Subcontractors Precast Panel Enterprise Agreement 2020-2023, 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