DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/445)

THE TRUSTEE FOR OCON UNIT TRUST T/AS OCON GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 MARCH 2020

Application for approval of THE TRUSTEE FOR OCON UNIT TRUST T/As OCON GROUP PTY LTD 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 OCON UNIT TRUST T/As OCON GROUP PTY LTD 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 the 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 12 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between The Trustee for OCON Unit Trust, trading as OCON Group Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute arose under the Fair Work Act 2009, specifically concerning the provisions that govern the registration and approval of enterprise agreements. The application was heard by the Fair Work Commission.

The central legal issues before the court were whether the enterprise agreement met the requirements set out in the Fair Work Act, particularly regarding the bargaining process and the fairness of the terms and conditions of employment. The court had to determine if the agreement was made in good faith and if it was appropriately certified as a bargaining representative agreement. The court also considered if the agreement provided for matters that were not of a kind that could be appropriately dealt with in a registered agreement.

In its reasoning, the court examined the certification process, the good faith of the bargaining, and the fairness of the terms of the agreement. The court found that the agreement was appropriately certified and that the bargaining process was conducted in good faith. It was determined that the terms of the agreement were fair and did not exceed the scope of what could be appropriately dealt with in an enterprise agreement. The court concluded that the agreement met all statutory requirements and approved it for registration.

The final order of the court was to approve the enterprise agreement between The Trustee for OCON Unit Trust, trading as OCON Group Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019-2020. The agreement was to be registered and enforceable under the Fair Work Act 2009.

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