DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2578)

TRUSTEE FOR ORACLE STRUCTURES TRUST, TRADING AS ORACLE STRUCTURES PTY LTD /CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 SEPTEMBER 2020

Application for approval of the Trustee for Oracle Structures Trust, trading as ORACLE STRUCTURES PTY LTD /CFMEU South Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for Oracle Structures Trust, trading as ORACLE STRUCTURES PTY LTD /CFMEU South Australia Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Maritime, Mining and Energy Union and the Trustee for Oracle Structures Trust, trading as Oracle Structures Pty Ltd. The union sought approval for the CFMEU South Australia Enterprise Agreement 2020, which would govern the working conditions of employees in the construction industry. The court was tasked with determining whether the agreement met the necessary legal standards to be approved.

The primary legal issue the court had to address was whether the enterprise agreement contained all the necessary provisions and adhered to the relevant statutory requirements. The court had to consider whether the agreement complied with the Fair Work Act 2009 and whether it provided adequate protection for employees' rights and interests. The court also had to determine if the agreement was genuinely negotiated between the employer and the union.

The court examined the agreement clause by clause, ensuring that it met all the requirements set out in the Fair Work Act. The court concluded that the CFMEU South Australia Enterprise Agreement 2020 was comprehensive and provided adequate protection for employees. The court found that the agreement was genuinely negotiated between the parties, and that all necessary provisions were included. The court was satisfied that the agreement met the legal standards required for approval.

The court approved the CFMEU South Australia Enterprise Agreement 2020, recognising it as a fair and reasonable agreement that met all the necessary legal requirements. The decision provided certainty and stability for both the union and the employer, ensuring that the agreement would govern the working conditions of employees in the construction industry.

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