DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/5050)

THE TRUSTEE FOR THE 3W ASSETS UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2020

Application for approval of THE TRUSTEE FOR THE 3W ASSETS UNIT TRUST 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 THE 3W ASSETS UNIT TRUST 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 16 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the application was made by the trustee for the 3W Assets Unit Trust for the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The Construction, Forestry, Maritime, Mining and Energy Union, acting as the employer's representative, opposed the application. The crux of the dispute centred on the procedural fairness and the substantive content of the enterprise agreement, including whether it complied with the necessary legal requirements and whether it was fairly negotiated.

The legal issues that the court had to decide involved the procedural fairness of the bargaining process, the compliance of the enterprise agreement with the Fair Work Act 2009, and whether the agreement contained provisions that were contrary to public policy or contravened any minimum standards. The court also needed to consider whether the agreement fairly reflected the balance of power between the parties and whether it contained any terms that were inconsistent with the fundamental rights of employees.

In delivering the decision, the court examined the evidence presented by both parties and reviewed the content of the enterprise agreement. The court found that the bargaining process was procedurally fair and that the agreement generally complied with the requirements of the Fair Work Act. However, the court identified certain provisions in the agreement that were considered to be contrary to public policy or in breach of minimum standards. As a result, the court made orders to modify those specific provisions of the agreement to ensure compliance with the law and fairness to both parties. The final orders required the trustee and the union to negotiate and finalise an amended enterprise agreement within a specified timeframe.

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