DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3849)

THE TRUSTEE FOR CPS UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISON) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 13 JANUARY 2021

Application for approval of the THE TRUSTEE FOR CPS UNIT TRUST and the CFMEU (Victorian Construction and General Divison) Subcontractors Precast Panel Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the THE TRUSTEE FOR CPS UNIT TRUST and the CFMEU (Victorian Construction and General Divison) 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 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 20 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was made by the trustee for the CPS Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The applicants sought approval of the Subcontractors Precast Panel Enterprise Agreement 2020-2023. The dispute involved the terms and conditions of employment for subcontractors in the precast panel industry within Victoria. The Fair Work Commission was the court responsible for hearing and deciding on the application.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandated terms, did not unfairly discriminate against employees, and adhered to the relevant minimum standards of the National Employment Standards and other applicable awards and agreements. Additionally, the Commission had to consider whether the agreement was made in the course of genuine enterprise bargaining.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It found that the proposed agreement contained all the required terms and did not unfairly discriminate against employees. The Commission also determined that the agreement was made in the course of genuine enterprise bargaining. Given these findings, the Commission approved the Subcontractors Precast Panel Enterprise Agreement 2020-2023. The agreement was to apply from 1 July 2020 and would remain in force until 30 June 2023.

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