DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4483)

THE TRUSTEE FOR THE CLANCY FACADES TRUST T/AS R & R GROUP (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 DECEMBER 2019

Application for approval of THE TRUSTEE FOR THE CLANCY FACADES TRUST T/As R & R GROUP (VIC) PTY LTD 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 CLANCY FACADES TRUST T/As R & R GROUP (VIC) PTY LTD 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 11 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of The Fair Work Commission, the applicant The Trustee for the Clancy Facades Trust trading as R & R Group (Vic) Pty Ltd sought approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The dispute centred on the procedural fairness of the agreement's negotiation and the appropriateness of certain provisions within the agreement.

The legal issues before the court involved assessing whether the agreement was negotiated in good faith and whether the negotiation process was procedurally fair. Additionally, the court had to determine if specific provisions of the agreement were appropriate in terms of fairness and industrial relevance.

The court found that the negotiation process was procedurally fair, noting that the employer had made a genuine effort to negotiate with the union representatives. The court also determined that the agreement was negotiated in good faith, despite some procedural irregularities. Regarding the provisions of the agreement, the court found that most of the terms were fair and appropriate, except for a few that were deemed to be overly restrictive or not in the best interest of the employees. These provisions were subsequently modified to ensure fairness.

The court approved the enterprise agreement with the modifications made to certain provisions, ensuring that the agreement met the necessary standards of fairness and procedural integrity.

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