DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4533)

THE TRUSTEE FOR DEV STONE TRUST T/AS DEV STONE SOLUTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 DECEMBER 2019

Application for approval of The Trustee for Dev Stone Trust T/As Dev Stone Solutions 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 Dev Stone Trust T/As Dev Stone Solutions 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 13 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 an enterprise agreement between The Trustee for the Dev Stone Trust trading as Dev Stone Solutions and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which is the body responsible for resolving workplace disputes and making binding decisions on enterprise agreements in Australia.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fair and applicable to the relevant employees, and if it complied with the procedural and substantive fairness criteria. The procedural fairness criteria required the Commission to assess if the agreement was genuinely negotiated and if there was sufficient consultation and disclosure. The substantive fairness criteria involved examining if the agreement provided a safety net of minimum entitlements and did not undermine the protections provided by the national workplace relations system.

The Fair Work Commission found that the agreement was fairly negotiated and met the procedural fairness criteria. The Commission noted that the agreement had been subject to a genuine negotiation process and that there was adequate consultation and disclosure between the parties. Regarding the substantive fairness criteria, the Commission concluded that the agreement provided a safety net of minimum entitlements and did not undermine the protections provided by the national workplace relations system. As a result, the Commission approved the enterprise agreement, confirming its compliance with the relevant legislative provisions.

The Fair Work Commission approved the enterprise agreement between The Trustee for the Dev Stone Trust trading as Dev Stone Solutions and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period of 2019 to 2020. The Commission found that the agreement was fairly negotiated, met the procedural fairness criteria, and provided a safety net of minimum entitlements without undermining the protections provided by the national workplace relations system.

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