DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3668)

THE TRUSTEE FOR I & D GROUP UNIT TRUST 2 AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 DECEMBER 2020

Application for approval of THE TRUSTEE FOR I & D GROUP UNIT TRUST 2 and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as
THE TRUSTEE FOR I & D GROUP UNIT TRUST 2 and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 17 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for I & D Group Unit Trust 2 and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 was the subject of an application for approval before the Fair Work Commission. The central dispute revolved around the terms and conditions outlined within the proposed enterprise agreement, specifically focusing on whether these terms met the necessary criteria for approval under Australian labour law.

The primary legal issues that the Commission had to resolve included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement had been genuinely negotiated and concluded between the parties. Furthermore, the Commission had to consider whether the agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the requirements for registration and the protection of employees' rights and interests.

In reaching its decision, the Fair Work Commission meticulously examined the negotiation process and the substantive terms of the agreement. The Commission found that the agreement had been genuinely negotiated and concluded between the parties, and that it provided for fair and reasonable terms and conditions. The Commission also determined that the agreement complied with all relevant provisions of the Fair Work Act 2009. Consequently, the Commission approved the application for the registration of the proposed enterprise agreement.

The final orders of the Fair Work Commission were to approve the registration of the Trustee for I & D Group Unit Trust 2 and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023, thereby making it a legally binding agreement between the parties.

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