DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1217)

THE TRUSTEE FOR STETCO FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 MAY 2020

Application for approval of THE TRUSTEE FOR STETCO FAMILY 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 STETCO FAMILY 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 26 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application by the trustee for the STETCO Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of the Enterprise Agreement 2019-2020. The nature of the dispute centred around the terms of the proposed enterprise agreement, which sought to regulate the employment conditions within the relevant industry sectors. The application was heard in the Fair Work Commission, an industrial relations tribunal with jurisdiction over such matters.

The central legal issues before the court encompassed the fairness, validity, and compliance of the proposed agreement with the relevant legislative framework. Specifically, the court was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it was made in good faith, provided for a fair and reasonable process for resolving workplace disputes, and adhered to the relevant minimum standards. Additionally, the court had to assess whether the agreement contained terms that were genuinely bargained between the parties and whether it was made without undue influence or coercion.

In delivering its decision, the court meticulously examined the provisions of the proposed agreement, the bargaining process, and the context in which the agreement was made. The court found that the agreement had been made in good faith and that it met the necessary criteria for approval, including that it provided for a fair and reasonable process for resolving workplace disputes. The court further determined that the agreement contained terms that were genuinely bargained between the parties and did not contain any provisions that were contrary to public policy or unfair to any party. Consequently, the court approved the application for the enterprise agreement.

As a result of the court's decision, the trustee for the STETCO Family Trust and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 was approved, and the agreement came into effect as a binding enterprise agreement under the Fair Work Act 2009. The court's approval signified that the agreement was fair, reasonable, and in compliance with the relevant legislative requirements.

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