DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2693)

THE TRUSTEE FOR KATIANOS FAMILY TRUST/ CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 18 SEPTEMBER 2020

Application for approval of the The Trustee for Katianos Family Trust / CFMEU South Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Katianos Family Trust / CFMEU South Australia Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Maritime, Mining and Energy Union (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 September 2020 and was determined on the papers.

[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) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The trustee for the Katianos Family Trust applied to the Fair Work Commission for approval of the CFMEU South Australia Enterprise Agreement 2020. The Construction, Forestry, Maritime, Mining and Energy Union opposed the application. The dispute was heard in the Fair Work Commission, led by Deputy President E Papadimitriou. The central issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it was in the public interest and complied with the relevant provisions of the Act.

The court examined whether the agreement provided for fair and reasonable terms and conditions, and whether it was consistent with the principles of the Fair Work Act. The trustee argued that the agreement was necessary to ensure the long-term viability of the business, while the union contended that the agreement contained terms that were not fair and reasonable. The court found that the agreement did not meet the requirements for approval as it contained terms that were not in the public interest, and it did not comply with the relevant provisions of the Act. The court noted that the agreement provided for lower wages and entitlements for new employees, which was not fair and reasonable.

In light of the findings, the court refused the application for approval of the agreement. The trustee was ordered to withdraw the application and to ensure that any future agreements met the requirements for approval under the Act. The union was ordered to pay the trustee's costs of the application. This decision highlights the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act, and that they provide for fair and reasonable terms and conditions for all 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