DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3439)

THE TRUSTEE FOR THE HACER GROUP 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 THE HACER GROUP 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 THE HACER GROUP 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] 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 9 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 parties involved in the case are The Trustee for the HaceR Group Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute centres on the approval of a proposed enterprise agreement between the HaceR Group Unit Trust and the CFMEU for the period 2020 to 2023. The case was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The legal issues before the court encompassed whether the proposed agreement met the statutory requirements for enterprise agreements, including fairness, genuine agreement, and the absence of any improper conduct during the negotiation process. The court was also required to consider whether the agreement complied with the Fair Work Act 2009, including provisions related to minimum entitlements, dispute resolution, and procedural fairness.

In reaching its decision, the Fair Work Commission examined the evidence and submissions presented by both parties. The court found that the agreement was fair and genuinely negotiated, with no evidence of improper conduct. The commission also determined that the agreement provided for appropriate dispute resolution mechanisms and did not undermine the minimum entitlements provided for in the Fair Work Act. Consequently, the court approved the HaceR Group Unit Trust and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

The final orders of the court were to approve the enterprise agreement, with the effective date of the agreement being the date of the decision. The decision was made on the basis that the agreement was fair, genuinely negotiated, and in compliance with the relevant legislation.

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