DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4618)

THOMAS TOOHEY FAMILY TRUST (THE TRUSTEE FOR) T/AS DIRECT CUT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 DECEMBER 2019

Application for approval of the THOMAS TOOHEY FAMILY TRUST (THE TRUSTEE FOR) T/As DIRECT CUT PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the THOMAS TOOHEY FAMILY TRUST (THE TRUSTEE FOR) T/As DIRECT CUT PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 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 18 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the THOMAS TOOHEY FAMILY TRUST, trading as DIRECT CUT PTY LTD, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009. The union sought approval of the enterprise agreement, which was to govern the terms and conditions of employment for employees in the concrete sawing and drilling enterprise.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. The Commission had to determine if the agreement had been made in accordance with the provisions of the Act, whether it contained the necessary minimum terms, and if it was free from any prohibited content. Additionally, the Commission had to consider whether the agreement had been fairly negotiated and if it complied with the procedural requirements, such as proper notification and opportunity for employee representation.

The Commission examined the evidence and submissions provided by both parties and found that the agreement was fairly negotiated and contained all the necessary minimum terms. The Commission also concluded that the agreement was free from any prohibited content and complied with all relevant statutory provisions. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the THOMAS TOOHEY FAMILY TRUST (THE TRUSTEE FOR) T/As DIRECT CUT PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020.

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