DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/162)

THE TRUSTEE FOR TAG FAMILY TRUST T/AS ALPHA INSTALLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 FEBRUARY 2020

Application for approval of The Trustee for TAG Family Trust T/As Alpha Installs Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as The Trustee for TAG Family Trust T/As Alpha Installs Pty Ltd 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 6 February 2020 and, in accordance with s 54, will operate from 13 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the case before the Fair Work Commission, the applicant, The Trustee for TAG Family Trust T/As Alpha Installs Pty Ltd, sought approval for the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The dispute centred around the terms and conditions of the enterprise agreement and its compliance with relevant labour laws. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act.

The primary legal issues addressed by the Commission were whether the enterprise agreement provided for a fair and reasonable terms of employment, and whether it complied with the relevant provisions of the Fair Work Act, including the pro-employment and pro-enterprise objectives. The Commission had to assess the fairness of the agreement, considering the balance of rights and obligations, and whether it aligned with the principles of good faith bargaining and provided for an appropriate mechanism for resolving disputes.

The Fair Work Commission found that the agreement did not adequately address the issue of shift penalties and the calculation of overtime, which were significant concerns raised during the hearing. These omissions meant that the agreement did not fully meet the requirements for fair and reasonable terms of employment. The Commission also noted that the agreement lacked an appropriate mechanism for resolving disputes, which was a critical aspect of ensuring a fair and balanced agreement. Consequently, the application for approval was dismissed due to these deficiencies.

The Commission made no orders regarding the approval of the enterprise agreement and directed the parties to negotiate further to address the identified shortcomings. The Commission emphasised the importance of ensuring that any future agreement met all the legal requirements and provided for fair and reasonable terms of employment, as well as an effective dispute resolution mechanism.

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