DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/328)

THE TRUSTEE FOR CRYPT CONSTRUCTIONS TRUST T/AS CRYPT CIVIL CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 FEBRUARY 2020

Application for approval of The Trustee for Crypt Constructions Trust T/As Crypt Civil Constructions 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 Crypt Constructions Trust T/As Crypt Civil Constructions 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 21 February 2020 and, in accordance with s 54, will operate from 28 February 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 an application for the approval of the Enterprise Agreement between The Trustee for Crypt Constructions Trust trading as Crypt Civil Constructions and the CFMEU (Victorian Construction and General Division). The dispute arose in the Fair Work Commission, where the parties sought to have the agreement certified as suitable for approval. The agreement in question sought to regulate various terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009.

The legal issues before the Commission centred on the compliance of the Enterprise Agreement with the statutory requirements under the Fair Work Act. Key considerations included whether the agreement was genuinely negotiated, if it contained mandatory terms, and if it provided for a fair and efficient method of dispute resolution. Additionally, the Commission needed to assess whether the agreement met the criteria for good faith bargaining and if it was likely to promote workplace harmony and productivity.

In reaching its decision, the Commission examined the negotiation process and the content of the agreement. It was satisfied that the agreement had been genuinely negotiated between the parties, as evidenced by the detailed records and the involvement of representative unions and employer associations. The Commission also found that the agreement contained mandatory terms that were necessary for the protection of employees and that the dispute resolution provisions were fair and efficient. After considering all the evidence and arguments presented, the Commission determined that the agreement complied with the statutory requirements and was suitable for approval.

The Fair Work Commission approved the Enterprise Agreement, finding it to be in accordance with the Fair Work Act. The Commission certified the agreement as suitable for registration, ensuring that the terms and conditions of employment were fair and balanced for both employers and employees. The decision provides clarity for the parties involved and sets a precedent for similar agreements in the industry.

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