DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/222)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the COLLMILL SIGN GROUP UNIT TRUST (THE TRUSTEE FOR) T/As COLLMILL GROUP 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 COLLMILL SIGN GROUP UNIT TRUST (THE TRUSTEE FOR) T/As COLLMILL GROUP 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 19 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of an enterprise agreement with the Collmill Sign Group Unit Trust, trading as Collmill Group. The agreement in question pertains to the terms and conditions of employment for employees within the Victorian Construction and General Division of the CFMEU, spanning the period from 2019 to 2020. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including ensuring it was free from provisions that were against public policy or contrary to the principles of the safety net.

The primary legal issue before the Commission was whether the proposed enterprise agreement contained any terms that were inconsistent with the safety net provisions of the Fair Work Act. This involved scrutinising the agreement for any terms that might undermine the minimum standards set by the Act, including minimum wages, penalty rates, and maximum weekly hours of work. Additionally, the Commission had to assess whether the agreement adhered to procedural fairness in its creation, ensuring that it was genuinely negotiated and not imposed.

In rendering its decision, the Commission meticulously examined each clause of the enterprise agreement. It found that the agreement was largely consistent with the safety net provisions and did not contain any terms that were against public policy or contrary to the principles of the safety net. The Commission also confirmed that the agreement had been fairly negotiated and met the procedural requirements under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, affirming its compliance with all statutory requirements.

The final orders of the Commission were that the Collmill Sign Group Unit Trust (the Trustee for) T/As Collmill Group and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 be approved as a registered agreement under the Fair Work Act 2009. This approval means that the agreement will now govern the employment conditions of the relevant employees, subject to the ongoing obligations and protections provided by the Act.

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