DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/137)

THE TRUSTEE FOR CAREY FRAWLEY FAMILY TRUST T/AS NG LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 FEBRUARY 2020

Application for approval of THE TRUSTEE FOR CAREY FRAWLEY FAMILY TRUST T/As NG LABOUR PTY LTD 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 CAREY FRAWLEY FAMILY TRUST T/As NG LABOUR PTY LTD 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 10 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 dispute in this case involves the application for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 by the trustee for Carey Frawley Family Trust trading as NG Labour Pty Ltd. The case was heard by the Fair Work Commission (FWC) in Australia, which is responsible for the approval and enforcement of enterprise agreements. The FWC was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it was appropriate to approve it.

The primary legal issue before the FWC was whether the enterprise agreement was sufficiently fair and reasonable in all its terms. The FWC had to consider the fairness of the agreement’s provisions, ensuring it complied with the statutory requirements and balanced the interests of both employers and employees. The FWC also needed to assess whether the agreement was genuinely negotiated and whether it met the minimum standards set by the Act.

The FWC found that the agreement was fair and reasonable, having been genuinely negotiated between the parties. The FWC confirmed that the agreement met the statutory requirements and balanced the interests of both parties. The FWC noted that the agreement provided for appropriate terms and conditions, including wages, working hours, and other employment conditions. The FWC concluded that the agreement was not only fair and reasonable but also complied with all necessary legal standards. Therefore, the FWC approved the enterprise agreement.

The final order of the FWC was the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. This decision ensures that the agreement will be enforceable under the Fair Work Act 2009, providing a framework for the employment relationship between the employer and the employees covered by the agreement.

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