DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3736)

RISING STAR INTERIOR FAMILY TRUST THE TRUSTEE FOR TAS RISING STAR INTERIOR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 DECEMBER 2020

Application for approval of the RISING STAR INTERIOR FAMILY TRUST THE TRUSTEE FOR Tas RISING STAR INTERIOR PTY LTD 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 RISING STAR INTERIOR FAMILY TRUST THE TRUSTEE FOR Tas RISING STAR INTERIOR PTY LTD 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] 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 23 December 2020. 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

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval for the RISING STAR INTERIOR FAMILY TRUST THE TRUSTEE FOR Tas RISING STAR INTERIOR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The dispute arose from the need to formally approve the terms of the enterprise agreement under the Fair Work Act 2009.

The primary legal issues before the court involved determining whether the enterprise agreement met the statutory requirements for approval, including whether it was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act. The court had to consider whether the agreement was made in good faith, whether it covered only matters that are bargainable, and whether it provided for the proper operation of businesses.

The court carefully reviewed the submissions from both parties and the evidence presented. It found that the agreement was made in good faith, covered only bargainable matters, and provided for the proper operation of businesses. The court also considered the benefits and detriments to the employees and concluded that the agreement was in their best interests. After weighing all the factors, the court approved the enterprise agreement, confirming its compliance with the statutory requirements.

The court's final orders were that the RISING STAR INTERIOR FAMILY TRUST THE TRUSTEE FOR Tas RISING STAR INTERIOR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 be approved.

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