DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4873)

THE TRUSTEE FOR FOUR SEASONS COMMERCIAL INTERIORS UNIT TRUST T/AS FOUR SEASONS COMMERCIAL INTERIORS 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 FOUR SEASONS COMMERCIAL INTERIORS UNIT TRUST T/As FOUR SEASONS COMMERCIAL INTERIORS 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 FOUR SEASONS COMMERCIAL INTERIORS UNIT TRUST T/As FOUR SEASONS COMMERCIAL INTERIORS 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, THE TRUSTEE FOR FOUR SEASONS COMMERCIAL INTERIORS UNIT TRUST trading as FOUR SEASONS COMMERCIAL INTERIORS, applied for the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The dispute was heard by the Fair Work Commission, which is Australia's national workplace relations tribunal. The primary legal issue before the Court was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement contained all the mandated terms, if it complied with the provisions concerning minimum entitlements, and if it was free from any prohibited content.

In considering these issues, the Court examined the content of the agreement, including its coverage of minimum entitlements such as rates of pay and conditions of employment, as well as any other terms that were required by law to be included. The Court also assessed whether the agreement contained any prohibited content, such as terms that would undermine the operation of the Fair Work Act or that were otherwise unlawful. After careful analysis, the Court found that the agreement met all statutory requirements, contained all mandated terms, and was free from prohibited content. The Court was satisfied that the agreement provided for the fair and equitable treatment of employees within the covered workforce.

Consequently, the Court approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, and this decision was made binding on the parties involved. The approval of the agreement ensures that the terms and conditions of employment are governed by the provisions set out in the agreement, providing a framework for the relationship between the employer and the employees within the scope of 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