DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/463)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MARCH 2020

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Trustee for Allcock-Wilkins 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 10 March 2020 and, in accordance with s 54, will operate from 17 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

In the Federal Court of Australia, the matter before the Court involved an application for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 by The Trustee for the Allcock-Wilkins Family Trust. The nature of the dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The applicant sought to have the agreement recognised as a registered agreement, which would provide it with a degree of legal enforceability and protection from certain types of challenges.

The legal issues before the Court involved determining if the agreement contained all the necessary terms as required by the Fair Work Act, and whether it was made in good faith and without any coercion. The Court also had to consider whether the agreement complied with the provisions of the Act regarding the scope of its operation, including the identification of the parties and the classification of the employees. Furthermore, the Court examined if the agreement provided adequate protections for employees, including minimum wage rates, conditions of employment, and dispute resolution mechanisms.

The Court found that the agreement met all the statutory requirements for approval. The application of The Trustee for the Allcock-Wilkins Family Trust was successful, as the agreement was deemed to be a lawful and fair enterprise agreement. The Court noted that the agreement was made in good faith and without coercion, and it contained all the necessary terms as stipulated by the Act. Additionally, the Court concluded that the agreement provided adequate protections for the employees, including minimum wage rates and appropriate conditions of employment. As a result, the Court approved the agreement and it was registered under the Fair Work Act.

The final orders of the Court included the approval and registration of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020, thereby providing it with legal enforceability and protection from certain types of challenges. The Court's decision was based on its determination that the agreement met all the statutory requirements and provided adequate protections for the employees.

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