DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/959)

THE TRUSTEE FOR CPS UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2019-2020

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MAY 2020

Application for approval of The Trustee for CPS Unit Trust and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for CPS Unit Trust and the CFMEU (Victorian Construction and General Division) Precast Panel 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 12 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, The Trustee for the CPS Unit Trust, sought approval of a precast panel enterprise agreement from the Fair Work Commission. The CFMEU (Victorian Construction and General Division) represented the employees in this matter. The dispute centred around the terms and conditions outlined in the proposed agreement for the precast panel industry, with particular focus on the fairness and appropriateness of the proposed terms.

The primary legal issue before the court was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was procedurally sound, meaning that the proper bargaining process had been followed and if the agreement had been fairly reached. Additionally, the court needed to assess whether the agreement's terms were fair and reasonable, taking into account the interests of both employers and employees, and if it complied with the Fair Work (Registered Organisations) Act 2009.

The court examined the evidence presented regarding the bargaining process, which included testimonies from representatives of both the employer and the union. It was found that the agreement had been reached through genuine and voluntary negotiations. The court also considered the fairness of the proposed terms, weighing the benefits and detriments to both parties. After reviewing the evidence, the court concluded that the agreement met the criteria for approval, as it was fairly negotiated and its terms were reasonable and in line with relevant legislative provisions.

As a result, the Fair Work Commission approved the proposed agreement. The decision was made in accordance with the evidence presented and the legal framework governing enterprise agreements. The approval ensures that the terms and conditions outlined in the agreement will be enforceable for the specified period, providing a stable and agreed-upon framework for the precast panel industry in Victoria.

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