DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1476)

ANTE CANCAR DISCRETIONARY TRUST (THE TRUSTEE FOR) T/AS BLUESTING WORKS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2020

Application for approval of the Ante Cancar Discretionary Trust (The Trustee For) T/As Bluesting Works 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 Ante Cancar Discretionary Trust (The Trustee For) T/As Bluesting Works 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 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 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Ante Cancar Discretionary Trust (trading as Bluesting Works) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The dispute centred on the terms and conditions outlined in the enterprise agreement, specifically whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was an enterprise agreement within the meaning of the Act, and if it was made in good faith. The CFMEU argued that the agreement was bona fide and met all the necessary criteria for approval, while Bluesting Works contested the validity and enforceability of certain provisions within the agreement.

In delivering its decision, the Commission considered the legislative framework and the requirements for enterprise agreements under the Fair Work Act. It examined the process through which the agreement was negotiated, whether it was made in good faith, and if it contained the necessary provisions as required by the Act. The Commission found that the agreement met all the statutory criteria for approval, including that it was made in good faith and contained all the prescribed minimum terms and conditions. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Ante Cancar Discretionary Trust (trading as Bluesting Works) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 was approved, effective from the date of the decision.

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