DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/707)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MARCH 2020

Application for approval of The Trustee for the Newland Family Trust 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 the Newland Family Trust 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 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 3 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 before the court involved an application for the approval of the Newland Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the Plastering Enterprise Agreement 2019-2020. The application was heard by the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, particularly focusing on the procedural fairness, the terms and conditions, and compliance with the statutory requirements set forth in the Act.

The legal issues before the court were multifaceted, encompassing the procedural fairness of the bargaining process, the fairness of the terms and conditions of the agreement, and whether the agreement complied with the requirements of the Fair Work Act. The court had to examine if the agreement was made in good faith, if it included the necessary minimum terms, and if it was free from prohibited content. Additionally, the court needed to determine if the agreement was appropriately registered and if it adhered to the procedural standards required by the Act.

The court found that the agreement was negotiated in good faith and included all the mandatory minimum terms required by the Fair Work Act. The court also concluded that the agreement was free from any prohibited content and was fairly and appropriately registered. The procedural fairness of the bargaining process was upheld, and the terms and conditions of the agreement were found to be reasonable. Given these findings, the court approved the agreement, confirming its compliance with the statutory requirements. The decision was made in favour of the Newland Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union.

The court's final order was to approve the Plastering Enterprise Agreement 2019-2020 between the Newland Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was thus certified as meeting the legal standards set by the Fair Work Act, allowing it to take effect as intended.

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