DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3164)

THE STEPHEN DANIEL DOWNES TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of THE STEPHEN DANIEL DOWNES TRUST (THE TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the STEPHEN DANIEL DOWNES TRUST (THE TRUSTEE FOR) 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.

[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 19 September 2019. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval for the Enterprise Agreement 2016-2018 between the Stephen Daniel Downes Trust and the CFMEU (Victorian Construction and General Division). The application was before the Fair Work Commission, which had the jurisdiction to approve the agreement under the Fair Work Act 2009. The agreement was being challenged by a number of respondents, including the trust and other union members, who argued that it did not meet certain legal requirements.

The central legal issue before the Commission was whether the agreement was properly certified as a "bargained agreement" under the Fair Work Act. Certification of an agreement is a prerequisite for the agreement to be approved by the Commission. The respondents argued that the agreement was not properly certified, as it had not been genuinely bargained for between the parties. The Commission was required to determine whether the agreement met the statutory requirements for certification and approval, including whether it provided for the proper protection of employees' interests.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement had been genuinely negotiated and agreed upon by the parties, and that it contained provisions that were in the best interests of the employees. The Commission also found that the agreement met the legal requirements for certification and approval under the Fair Work Act. Accordingly, the Commission approved the agreement, rejecting the respondents' challenge to its validity.

The Fair Work Commission approved the Enterprise Agreement 2016-2018 between the Stephen Daniel Downes Trust and the CFMEU (Victorian Construction and General Division). The Commission found that the agreement had been genuinely negotiated and agreed upon by the parties, and that it contained provisions that were in the best interests of the employees. The Commission also found that the agreement met the legal requirements for certification and approval under the Fair Work Act.

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