DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/4043)

THE TRUSTEE FOR THE NEWLAND FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 JANUARY 2021

Application for approval of THE TRUSTEE FOR THE NEWLAND FAMILY 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 THE NEWLAND FAMILY 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 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 12 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a proposed enterprise agreement between the Trustee for the Newland Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission, an Australian industrial relations tribunal. The Newland Family Trust, which operates as a construction business, sought to implement a new enterprise agreement that would govern the terms and conditions of employment for plasterers engaged as subcontractors. The proposed agreement was contested by the CFMEU, which argued that the terms of the agreement were not fair and reasonable.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that the agreement be fair and reasonable. The Commission had to consider whether the terms and conditions proposed in the agreement were appropriate and balanced, taking into account the interests of both employers and employees. The Commission also needed to assess whether the agreement provided for procedural fairness in the negotiation process and whether it met the statutory requirements for employee representation and consultation.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The Commission considered the terms and conditions of the agreement, including the provisions relating to wages, hours of work, and dispute resolution mechanisms. The Commission noted that the agreement provided for procedural fairness in the negotiation process and that the parties had engaged in good faith negotiations. The Commission also found that the agreement met the statutory requirements for employee representation and consultation, as the CFMEU had been involved in the negotiation process. The Commission concluded that the proposed enterprise agreement was appropriate and balanced, taking into account the interests of both employers and employees.

The Fair Work Commission approved the proposed enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included the addition of provisions relating to the protection of employee personal information and the establishment of a joint consultative committee to facilitate ongoing communication between the parties. The Commission ordered that the modified agreement be registered and that it would be effective from the date of the Commission's decision. The Commission also ordered that the parties take all necessary steps to give effect to the agreement, including providing copies of the agreement to all affected employees.

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