DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1523)

THE TRUSTEE FOR D & C JOINERY UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 JUNE 2020

Application for approval of THE TRUSTEE FOR D & C JOINERY UNIT TRUST and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as THE TRUSTEE FOR D & C JOINERY UNIT TRUST and the CFMEU (Victorian Construction and General Division) Enterprise 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 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 19 June 2020. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between The Trustee for D & C Joinery Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union sought approval of the enterprise agreement, which covered various aspects of employment conditions for workers within the specified industries. The Commission was tasked with ensuring that the agreement met the legal standards set out in the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the "better off overall test" (BOOT). This test requires that the employees under the agreement must be no worse off financially and at least some employees must be better off overall. The Commission also needed to consider whether the agreement was fairly negotiated and whether it contained all the prescribed minimum terms and conditions. Furthermore, the Commission had to determine if the agreement included any provisions that were inconsistent with the overarching objectives of the Fair Work Act.

In making its decision, the Commission carefully examined the terms of the proposed agreement and the evidence presented by both parties. It considered the financial implications for the employees, the negotiation process, and the overall fairness of the agreement. The Commission found that the agreement did meet the better off overall test, as a proportion of the employees were indeed better off financially, and none were worse off. Additionally, the Commission was satisfied that the agreement had been fairly negotiated and contained all the required minimum terms and conditions. There were no provisions that were inconsistent with the objectives of the Fair Work Act.

Consequently, the Fair Work Commission approved the enterprise agreement between The Trustee for D & C Joinery Unit Trust and the CFMEU (Victorian Construction and General Division) for the period 2019 to 2020. The approval ensures that the agreement will govern the employment conditions of the workers within the specified industries, subject to the terms and conditions set out in the agreement and the overarching requirements of the Fair Work Act.

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