DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4523)

THE TRUSTEE FOR DAS ENVIRONMENTS UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 10 DECEMBER 2019

Application for approval of THE TRUSTEE FOR DAS ENVIRONMENTS UNIT TRUST and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as THE TRUSTEE FOR DAS ENVIRONMENTS UNIT TRUST and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the trustee for the DAS Environments Unit Trust, sought approval of a proposed enterprise agreement from the Fair Work Commission, with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) as a party to the agreement. The proposed agreement, the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019, aimed to regulate the terms and conditions of employment for employees within the specified industry sectors. The application was heard by the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval as an enterprise agreement. Specifically, the Commission needed to determine if the agreement provided for fair and equitable terms and conditions, was consistent with the overarching objectives of the Fair Work Act, and did not discriminate against employees on the basis of sex, marital status, family responsibilities, pregnancy, potential pregnancy, or breastfeeding. Furthermore, the Commission assessed whether the agreement complied with procedural requirements, including proper bargaining and notification processes.

In reaching its decision, the Commission considered the arguments presented by the parties, the contents of the proposed agreement, and relevant legal principles. The Commission found that the agreement provided for fair and equitable terms and conditions of employment, aligned with the objectives of the Fair Work Act, and did not contain any discriminatory provisions. The Commission also determined that the procedural requirements for the agreement's approval had been met. Consequently, the Commission approved the proposed agreement, thereby resolving the dispute in favour of the applicant and the CFMEU.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019, and no further orders were made.

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