Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 8012

[2019] FWCA 8012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4335)

THE TRUSTEE FOR THE ROMBERG FAMILY TRUST T/AS I & H CONTRACTORS AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2019

Application for approval of The Trustee for The Romberg Family Trust T/As I & H Contractors and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for The Romberg Family Trust T/As I & H Contractors and CFMEU Union Collective Agreement 2018-2019 (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] I observe the following provisions are less beneficial than the provisions of the

relevant Modern Award:

● Clause 30.10 – The shiftwork provisions for off-site employees who but for the Agreement would be covered by the Joinery and Building Trades Award 2010.

● Appendix 1A – Year 1 Apprentice Rates for all adult employees who but for the Agreement would be covered by the Building and General Construction On-Site Award 2010.

● Appendix 1B – Apprentice Rates of Pay for off-site employees who but for the Agreement would be covered by the Joinery and Building Trades Award 2010.

However, I am satisfied that Clause 5.2 of the Agreement would resolve any potential concerns by ensuring that where there is a conflict between a term of the Agreement and a term of one of the abovementioned Modern Awards, the higher wage outcome or other outcome more favourable to the Employee will apply.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2019. The nominal expiry date of the Agreement is 2 January 2020.

COMMISSIONER

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Annexure A