DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/212)

KEN HOPLEY FAMILY TRUST T/AS PAIGE COURTNEY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2019 - 2020

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

Application for approval of the KEN HOPLEY FAMILY TRUST T/As PAIGE COURTNEY PTY LTD and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the KEN HOPLEY FAMILY TRUST T/As PAIGE COURTNEY PTY LTD and the CFMEU (Victorian Construction and General Division) Demolition 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 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) and the Ken Hopley Family Trust trading as Paige Courtney Pty Ltd applied for the approval of the Demolition Enterprise Agreement 2019 - 2020. The agreement in question aimed to establish the terms and conditions of employment for workers in the demolition industry within Victoria. The dispute centred on whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues for the Commission to resolve were whether the agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission had to determine whether the agreement was made in accordance with the necessary processes, including proper representation and sufficient consultation. Substantively, the agreement had to be assessed for its fairness, covering aspects such as the balance of benefits and detriments to employees, the protection of employee rights, and the overall alignment with the principles of the Fair Work Act.

In its decision, the Commission examined the evidence presented regarding the bargaining process and the content of the agreement. It found that the agreement was made following proper procedures, with adequate representation and consultation. Furthermore, the Commission concluded that the agreement was fair and reasonable, as it provided a balance of benefits and detriments to employees, safeguarded their rights, and adhered to the principles of the Fair Work Act. Therefore, the Commission approved the Demolition Enterprise Agreement 2019 - 2020.

The Commission's final order was the approval of the Demolition Enterprise Agreement 2019 - 2020 between the CFMEU and the Ken Hopley Family Trust trading as Paige Courtney Pty Ltd. This decision set the terms and conditions of employment for workers in the demolition industry in Victoria for the specified period, ensuring compliance with the Fair Work Act and maintaining a fair balance of interests for all 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