DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4544)

THE TRUSTEE FOR THE LFC INDUSTRIES TRUST T/AS FENESTRATE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 DECEMBER 2019

Application for approval of THE TRUSTEE FOR THE LFC INDUSTRIES TRUST T/As FENESTRATE 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 LFC INDUSTRIES TRUST T/As FENESTRATE 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 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 16 December 2019. 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 matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between the Trustee for the LFC Industries Trust, trading as Fenestrate, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The Agreement, covering the period from 2019 to 2020, was submitted for assessment to ensure it complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the Enterprise Agreement met the statutory requirements under the Fair Work Act, including whether it provided for the protection of employees' rights, the promotion of workplace harmony, and the establishment of a fair and efficient system for determining wages and other conditions of employment. Additionally, the Commission needed to ascertain whether the Agreement was made in good faith and whether it complied with the mandatory topics outlined in the Act.

In assessing the Enterprise Agreement, the Commission considered various factors, including the bargaining processes involved, the terms and conditions of employment, and the overall fairness of the Agreement. The Commission found that the Agreement complied with the statutory requirements and was made in good faith. The terms of the Agreement were deemed to be fair and reasonable, providing adequate protection for employees while also meeting the needs of the employer. Consequently, the Commission approved the Enterprise Agreement, finding it to be compliant with the Fair Work Act.

The final orders of the Commission were to approve the Enterprise Agreement between the Trustee for the LFC Industries Trust, trading as Fenestrate, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period from 2019 to 2020. The Agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with the terms and conditions set out in the approved Agreement.

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