DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3520)

THE TRUSTEE FOR HICKORY HR UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 DECEMBER 2020

Application for approval of THE TRUSTEE FOR HICKORY HR UNIT TRUST and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as THE TRUSTEE FOR HICKORY HR UNIT TRUST and the CFMEU (Victorian Construction and General Division) Builder 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] Employees were not notified of the time of the vote for the proposed Agreement which conflicts with s.180(3) of the Act. 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 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

The applicants, the trustee for Hickory HR Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of the Builder Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission, which was required to determine if the proposed agreement met the requirements of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement adequately provided for the terms and conditions of employment, if it complied with the Fair Work Act, and whether it was in the best interests of the employees covered by the agreement.

The Commission found that the agreement provided for a comprehensive set of terms and conditions that were fair and reasonable. The provisions regarding wages, hours of work, leave entitlements, and other employment conditions were deemed to be appropriate and consistent with the Fair Work Act. Additionally, the agreement included mechanisms for dispute resolution, which the Commission found to be effective and fair. The Commission also considered the impact of the agreement on the employees and concluded that it was in their best interests, as it provided for fair and equitable terms of employment. Based on these findings, the Commission approved the agreement, noting that it met all the statutory requirements and would serve the interests of both employers and employees.

The Fair Work Commission approved the Builder Enterprise Agreement 2020-2023, finding that it provided for fair and reasonable terms and conditions of employment, complied with the Fair Work Act, and was in the best interests of the employees. The decision highlighted the importance of comprehensive and fair agreements in protecting the rights and interests of workers. The Commission's approval of the agreement is a significant step in ensuring that the employees covered by the agreement receive fair and equitable treatment in their employment.

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