DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/256)

THE TRUSTEE FOR SP & CM ROBERTSON & A & C THOMPSON FAMILY TRUST T/AS AUSTVIEW AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2020

Application for approval of The Trustee for SP & CM Robertson & A & C Thompson Family Trust T/As Austview 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 SP & CM Robertson & A & C Thompson Family Trust T/As Austview 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 20 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Enterprise Agreement between The Trustee for SP & CM Robertson & A & C Thompson Family Trust T/As Austview and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction over such matters.

The central legal issues that the court had to address were whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act, and whether it complied with the provisions of the Act that govern the process for approval of such agreements. Specifically, the court needed to determine whether the agreement provided for the minimum terms, including pay rates, hours of work, and other conditions of employment, and whether the appropriate process for reaching the agreement had been followed, including whether the necessary employee and employer representatives had been involved.

The Fair Work Commission, after reviewing the submissions and the evidence presented, found that the enterprise agreement was compliant with all the statutory requirements. The agreement was deemed to provide for the minimum terms as mandated by the Fair Work Act and was found to have been negotiated in good faith. The court also determined that the agreement had been approved by a majority of the employees and employers involved, meeting the necessary thresholds for approval under the Act. As a result, the court approved the enterprise agreement, finding it to be fair and reasonable.

The final orders of the court were that the Enterprise Agreement between The Trustee for SP & CM Robertson & A & C Thompson Family Trust T/As Austview and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019-2020 was approved and registered. This decision confirmed the validity of the agreement, allowing it to be implemented as a legally binding contract between the parties involved.

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