DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4871)

M & C PETRAKIS FAMILY TRUST (THE TRUSTEE FOR) T/AS PXK NOMINEES PTY LTD 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 M & C PETRAKIS FAMILY TRUST (THE TRUSTEE FOR) T/As PXK NOMINEES 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 M & C PETRAKIS FAMILY TRUST (THE TRUSTEE FOR) T/As PXK NOMINEES 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 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 parties involved in this case were the M & C Petrakis Family Trust, trading as PXK Nominees Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the application for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The matter was heard in the Fair Work Commission.

The legal issues before the court encompassed the interpretation and approval of the terms and conditions outlined in the enterprise agreement. Specifically, the court needed to determine whether the agreement complied with the relevant legislative provisions and whether it was fair and reasonable in all its aspects. The court had to examine the balance of power between the parties and whether the agreement promoted harmonious, productive, and cooperative workplace relations.

The court meticulously evaluated the provisions of the agreement, considering various submissions from both parties. It determined that the agreement was fair and reasonable, and it complied with the relevant statutory requirements. The court found that the agreement contained provisions that adequately protected the interests of both the employer and the employees, ensuring a fair balance of power. Consequently, the court approved the enterprise agreement, acknowledging its potential to foster cooperative workplace relations. The final orders confirmed the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020, subject to certain conditions and modifications as outlined in the court's decision.

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