DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/493)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MARCH 2020

Application for approval of THE TRUSTEE FOR SPATARO 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 SPATARO 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 11 March 2020 and, in accordance with s 54, will operate from 18 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 dispute in this matter involved an application for the approval of an enterprise agreement between the Trustee for the Spataro Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009 (Cth). The union and the employer sought to have their proposed agreement approved, and the Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The central legal issue for the Commission was whether the proposed enterprise agreement complied with the statutory provisions outlined in the Fair Work Act. This included whether the agreement provided for minimum terms and conditions of employment, and whether it had been negotiated in good faith. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements for the negotiation and approval of enterprise agreements, including whether the union had genuinely attempted to negotiate with the employer and whether the agreement was in the best interests of the employees.

In its decision, the Commission found that the proposed enterprise agreement complied with all the necessary statutory provisions. The Commission determined that the agreement provided for minimum terms and conditions of employment and was negotiated in good faith. The union had made a genuine attempt to negotiate with the employer, and the agreement was found to be in the best interests of the employees. The Commission was satisfied that the procedural requirements for the negotiation and approval of enterprise agreements were met, and accordingly, the agreement was approved.

The Fair Work Commission approved the proposed enterprise agreement between the Trustee for the Spataro Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period of 2019 to 2020. The approval of the agreement was based on the Commission's determination that the agreement met all the necessary statutory provisions, was negotiated in good faith, and was in the best interests of the employees. The agreement will now provide the minimum terms and conditions of employment for the employees covered by the agreement.

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