DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/786)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MARCH 2020

Application for approval of The Trustee for Foxcon Windows Family Trust and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Trustee for Foxcon Windows Family Trust and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 March 2020 and, in accordance with s 54, will operate from 6 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

The matter involved an application by the Trustee for the Foxcon Windows Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) to the Fair Work Commission for the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission, comprising of a delegate of the President, was tasked with determining the appropriateness of the application.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness in the agreement's negotiation and the content of the agreement itself. The Commission had to assess if the agreement was made in good faith and if it included provisions that were fair and reasonable. Additionally, the Commission needed to ensure that the agreement did not unfairly discriminate against any group of employees and met the requirements for a simple or low-paid enterprise agreement.

The Commission carefully examined the evidence presented and concluded that the application met the necessary criteria for approval. The Commission found that the agreement was negotiated in good faith and that its provisions were fair and reasonable. The agreement was deemed to comply with the Fair Work Act, as it did not unfairly discriminate against any group of employees and met the requirements for a simple or low-paid enterprise agreement. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, effective from the date of the decision. The Commission also noted that the agreement would be registered with the Fair Work Ombudsman and would be binding on the parties involved. This decision ensures that the agreement will now govern the employment conditions of the relevant employees for the specified period.

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