DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4867)

THE TRUSTEE FOR THE TENCER FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 DECEMBER 2019

Application for approval of THE TRUSTEE FOR THE TENCER FAMILY 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 TENCER FAMILY 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 7 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Tencer Family Trust, represented by the Trust's trustee, sought approval for the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The agreement was intended to govern the terms and conditions of employment for employees working in the Victorian construction and general division. The dispute arose from the negotiation and subsequent approval of this agreement.

The central legal issue before the Commission was whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it was in the best interests of the employees, and if it adhered to the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to consider whether the agreement contained any unfair terms, and if it provided for a fair and effective means of dispute resolution.

The Commission found that the agreement satisfied the statutory criteria. It was determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission also concluded that the agreement did not contain any unfair terms and provided for an effective means of dispute resolution. After careful consideration of the submissions and evidence presented, the Commission approved the agreement. This approval was made effective from the date of the decision, ensuring that the terms of the agreement would apply to the employees covered by it.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established