DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/584)

THE TRUSTEE FOR EVOLVE REINFORCEMENT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2020

Application for approval of the THE TRUSTEE FOR EVOLVE REINFORCEMENT 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 THE TRUSTEE FOR EVOLVE REINFORCEMENT 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 26 March 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 case involved the application for approval of the Enterprise Agreement between the Trustee for the Evolve Reinforcement Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC). The nature of the dispute centred on whether the terms and conditions of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The CFMEU sought to ensure that the agreement provided fair and reasonable terms for its members while the employer aimed to balance those terms with the operational needs of the business.

The legal issues before the Commission included whether the agreement contained terms that were fair and reasonable, and whether it complied with the provisions of the Fair Work Act. Additionally, the court needed to assess if the agreement had been negotiated in good faith and whether it adhered to the principles of genuine bargaining. The FWC also had to consider the impact of the agreement on the workforce, including provisions related to wages, hours of work, and other employment conditions.

The Fair Work Commission found that the agreement was fair and reasonable, met the statutory requirements, and complied with the principles of genuine bargaining. The Commission was satisfied that the terms of the agreement were negotiated in good faith and provided a fair balance between the interests of the employees and the employer. The FWC approved the agreement, highlighting its consideration of the economic and operational context in which the agreement was made. The Commission concluded that the agreement would benefit both parties and contribute to a harmonious workplace.

As a result of the decision, the Fair Work Commission approved the Enterprise Agreement, thereby resolving the dispute between the parties. The final orders included the approval of the agreement, with the terms and conditions as outlined in the application. The decision provided clarity and certainty for both the employer and the union, ensuring that the agreement would govern the employment conditions 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