DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1278)

NEW IMAGE INSTALLATIONS PTY LTD A TRUSTEE FOR MAB TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MAY 2020

Application for approval of the NEW IMAGE INSTALLATIONS PTY LTD A TRUSTEE FOR MAB 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 NEW IMAGE INSTALLATIONS PTY LTD A TRUSTEE FOR MAB 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 27 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the New Image Installations Pty Ltd A Trustee for MAB Trust and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The agreement was to be registered under the Fair Work Act 2009. The primary parties involved were the CFMEU, representing the employees, and New Image Installations Pty Ltd A Trustee for MAB Trust, representing the employer. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for registration under the Act.

The legal issues that the court had to decide included whether the agreement was genuinely a bargain between the parties, whether it complied with the provisions of the Fair Work Act, and if it met the standards of procedural fairness and good faith. The court also had to examine the terms of the agreement to ensure they were fair and reasonable, and if they provided adequate protection for the employees. Furthermore, the court needed to determine whether the agreement was consistent with the national employment standards and if it included appropriate dispute resolution mechanisms.

In rendering its decision, the court examined the agreement's terms and the processes involved in its negotiation and execution. The court found that the agreement was genuinely a bargain between the parties, as it involved genuine negotiations and both parties had freely entered into the agreement. The court also found that the agreement complied with the requirements of the Fair Work Act and was procedurally fair. The terms of the agreement were deemed fair and reasonable, providing adequate protection for the employees, and consistent with the national employment standards. The court further found that the agreement included appropriate dispute resolution mechanisms, which were acceptable under the Act. Consequently, the court approved the registration of the enterprise agreement.

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