DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/960)

THE TRUSTEE FOR BISHOP FAMILY TRUST T/AS BISHOP MASTER FINISHES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 -2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 APRIL 2020

Application for approval of The Trustee for Bishop Family Trust T/As Bishop Master Finishes and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 -2020.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Bishop Family Trust T/As Bishop Master Finishes and the CFMEU (Victorian Construction and General Division) Plastering 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 24 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of The Trustee for Bishop Family Trust T/As Bishop Master Finishes and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), the applicant sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, which the parties argued would impact the workforce's rights and obligations. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement contained mandatory provisions as required by section 235 of the Act, and whether the agreement had been fairly negotiated and made in good faith. Additionally, the Commission needed to determine if the agreement provided for appropriate protections for employees, including minimum rates of pay, leave entitlements, and other conditions of employment. The application also required the Commission to consider the views of employees and employers, as well as any potential impacts on the broader industry.

The Fair Work Commission, in its decision, examined the provisions of the agreement and found that it met the necessary criteria for approval. The Commission determined that the agreement contained all mandatory provisions as required by the Act, and that it had been fairly negotiated and made in good faith. The Commission also found that the agreement provided for appropriate protections for employees, including minimum rates of pay, leave entitlements, and other conditions of employment. After considering the views of employees and employers, and the potential impacts on the broader industry, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission included the approval of the proposed enterprise agreement between The Trustee for Bishop Family Trust T/As Bishop Master Finishes and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement, which outlines the terms and conditions of employment for the workforce, will now be in effect for the period specified in the agreement. The Commission's decision provides certainty for both employers and employees and ensures that the agreement meets the legal requirements under the Fair Work Act 2009.

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