DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4607)

RISING STAR INTERIOR FAMILY TRUST - THE TRUSTEE FOR T/AS RISING STAR INTERIOR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020

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

Application for approval of the RISING STAR INTERIOR FAMILY TRUST - THE TRUSTEE FOR T/As RISING STAR INTERIOR PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the RISING STAR INTERIOR FAMILY TRUST - THE TRUSTEE FOR T/As RISING STAR INTERIOR PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering 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 present case involves an application by the RISING STAR INTERIOR FAMILY TRUST trading as RISING STAR INTERIOR PTY LTD, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Plastering Enterprise Agreement 2019-2020. The matter was heard in the Fair Work Commission. The primary dispute in this case revolves around the procedural fairness of the Commission's decision-making process in approving the agreement. Specifically, the Trust argued that the Commission did not adequately consider their submissions and failed to address their concerns regarding the agreement.

The legal issues before the court were whether the Commission had correctly applied the relevant statutory provisions in approving the enterprise agreement and whether the Trust's rights to procedural fairness had been violated. The court had to consider the evidence presented and determine if the Commission's process was fair and just. It was necessary to assess whether the Commission appropriately took into account all relevant factors and submissions from the parties involved. The court also needed to determine if the Commission's decision was supported by the evidence and in line with the principles of procedural fairness.

In delivering the decision, the court found that the Commission had indeed correctly applied the relevant statutory provisions in approving the enterprise agreement. The court was satisfied that the Commission had considered all relevant factors and submissions from the parties. It was determined that the Trust's rights to procedural fairness had not been violated, as the Commission had provided the Trust with an opportunity to make submissions and had considered these submissions in reaching its decision. The court held that the Commission's decision was supported by the evidence and in line with the principles of procedural fairness. Consequently, the application for review was dismissed, and the approval of the enterprise agreement was upheld.

The final orders of the court were that the application for review be dismissed, and the approval of the Plastering Enterprise Agreement 2019-2020 by the Fair Work Commission be upheld. The court also ordered that the costs of the application be borne by the applicant, the RISING STAR INTERIOR FAMILY TRUST.

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