DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1543)

THE TRUSTEE FOR TECHNIBLOCK TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 JUNE 2020

Application for approval of The Trustee for Techniblock Trust and the CFMEU (Victorian Construction and General Division) Piling Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Techniblock Trust and the CFMEU (Victorian Construction and General Division) Piling Agreement 2019 - 2020 (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] The application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[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 22 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the applicant, The Trustee for Techniblock Trust, sought approval for an agreement between themselves and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the terms of the Piling Agreement 2019 - 2020, which proposed to govern the employment conditions for workers engaged in piling activities across various sectors in Victoria. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions, ensuring it was not detrimental to the employees, and confirming that the agreement had been made in good faith. Additionally, the Commission needed to ensure that the agreement complied with the relevant provisions of the Fair Work Act and adhered to the principles of industrial relations law. The Commission also needed to consider whether the agreement appropriately balanced the interests of the employer and the employees.

The Commission found that the Piling Agreement 2019 - 2020 met the necessary criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions for the employees, and it did not contain any provisions that were detrimental to the workers. The Commission was satisfied that the agreement had been made in good faith and complied with the Fair Work Act. Furthermore, the Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, thus warranting approval. The Commission emphasised the importance of maintaining a cooperative and fair industrial relations environment.

As a result of the Commission's findings, the application for approval of the Piling Agreement 2019 - 2020 was granted. The agreement will now govern the employment conditions for workers engaged in piling activities across the specified sectors in Victoria. This decision reinforces the importance of ensuring that industrial agreements are fair, reasonable, and made in good faith, ultimately promoting a stable and productive industrial relations environment.

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