DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/700)

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

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 MARCH 2020

Application for approval of the trustee for Jinnette 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 Jinnette 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 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 1 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the trustee for the Jinnette Family Trust. The dispute arose over the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement for the years 2019 to 2020. The trustee sought approval of the enterprise agreement under the Fair Work Act 2009. The court had to determine whether the agreement met the statutory requirements for approval and whether the process for its negotiation and drafting complied with the relevant provisions of the Act.

The primary legal issue before the court was whether the enterprise agreement was fairly and appropriately negotiated and whether the process leading to its creation was in line with the requirements set out in the Fair Work Act. The court examined the evidence presented by the parties to ascertain whether the agreement was genuinely negotiated, and if the bargaining process adhered to the legislative standards. The court also needed to consider whether the agreement was consistent with the provisions of the Act, particularly in relation to the rights and obligations of the parties involved.

In delivering its decision, the court analysed the evidence and submissions made by both parties. It found that the agreement was indeed genuinely negotiated and that the process leading to its creation was compliant with the Act. The court was satisfied that the agreement contained provisions that were fair and reasonable, taking into account the interests of both employers and employees. Consequently, the court approved the enterprise agreement as meeting the requirements of the Fair Work Act. The court found that the agreement was consistent with the legislative framework and was in the best interests of the employees and employers involved.

The court's decision resulted in the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. This approval signifies that the agreement is now legally binding on the parties and can be enforced under the Fair Work Act. The final orders of the court reflect its determination that the agreement meets the statutory requirements for approval and is consistent with the provisions of the Act.

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