Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 6911

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3674)

TRIO PLUMBING (AUSTRALIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 8 OCTOBER 2019

Application for approval of the TRIO PLUMBING (AUSTRALIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the TRIO PLUMBING (AUSTRALIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the TRIO PLUMBING (AUSTRALIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with determining whether the agreement met the requirements of section 230 of the Fair Work Act 2009. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union, and the agreement was contested by TRIO Plumbing (Australia) Pty Ltd.

The legal issues before the Commission were whether the enterprise agreement provided for the fair and efficient operation of businesses, complied with the relevant provisions of the Fair Work Act, and was consistent with the principles of the National Workplace Relations System. Additionally, the Commission considered whether the agreement appropriately balanced the interests of the employees and the employer, and whether it contained provisions that were consistent with the public interest.

The Fair Work Commission determined that the enterprise agreement met the necessary requirements for approval. The Commission found that the agreement provided for the fair and efficient operation of businesses and complied with the relevant provisions of the Fair Work Act. The agreement was also found to be consistent with the principles of the National Workplace Relations System and balanced the interests of the employees and the employer. The Commission further found that the agreement contained provisions that were consistent with the public interest. Consequently, the application for approval was approved.

The final orders of the Commission were that the TRIO PLUMBING (AUSTRALIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement under section 173 of the Fair Work Act 2009, and that the agreement be registered by the Commission. The agreement was to take effect from the date of the Commission's decision and remain in force until 31 December 2018, or until terminated earlier in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established