DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4728)

THE TRUSTEE FOR THE A LINE INSTALLATIONS UNIT TRUST T/AS A LINE INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 18 DECEMBER 2019

Application for approval of THE TRUSTEE FOR THE A LINE INSTALLATIONS UNIT TRUST T/As A LINE INSTALLATIONS 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 THE A LINE INSTALLATIONS UNIT TRUST T/As A LINE INSTALLATIONS 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 25 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, between the trustee for the A Line Installations Unit Trust trading as A Line Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose from the application of the Fair Work Act 2009 and the Fair Work Regulations 2009 to the agreement, specifically whether the agreement met the requirements for registration and approval. The matter was heard by the Fair Work Commission.

The central legal issue before the court was whether the enterprise agreement was in compliance with the relevant legislation, particularly whether it met the criteria for being a "good faith" agreement under the Fair Work Act 2009. The court had to assess if the agreement was made in good faith and if it contained all the required terms and conditions. Additionally, the court needed to determine if the agreement adhered to the provisions of the Fair Work Regulations 2009.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the necessary terms and conditions. The court emphasised the importance of the agreement being a genuine and bona fide agreement between the parties. The commission concluded that the agreement met the statutory requirements for registration and approval. Consequently, the application for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 was granted.

The final orders of the court were that the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 was approved and registered under the Fair Work Act 2009. The agreement was deemed to be a valid and legally binding contract between the parties involved. The court's decision confirmed the validity of the agreement and its compliance with the necessary legal requirements.

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