DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2901)

THE MARYAN FAMILY TRUST (THE TRUSTEE FOR) T/AS ANDCON INVESTMENTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 SEPTEMBER 2019

THE MARYAN FAMILY TRUST (THE TRUSTEE FOR) T/As ANDCON INVESTMENTS PTY LTD 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 MARYAN FAMILY TRUST (THE TRUSTEE FOR) T/As ANDCON INVESTMENTS 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.

[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 10 September 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Maryan Family Trust, acting as trustee for Andcon Investments Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was brought before the Fair Work Commission, specifically the Full Bench, and centred on the validity of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Maryan Family Trust, acting as trustee for Andcon Investments Pty Ltd, sought a declaration that certain provisions of the enterprise agreement were unlawful and should not be registered, arguing that these provisions infringed upon their rights as employers.

The legal issues before the court required it to determine whether specific clauses in the enterprise agreement contravened the Fair Work Act 2009. The central contention was whether the clauses in question unfairly discriminated against employers, specifically Andcon Investments Pty Ltd, by imposing terms that were more favourable to employees without a proper basis. The court had to consider the scope of permissible provisions within an enterprise agreement and how these provisions should be interpreted in light of the Act.

In reaching its decision, the Full Bench of the Fair Work Commission held that the contested clauses in the enterprise agreement did not contravene the Fair Work Act 2009. The court reasoned that the provisions were not discriminatory but were instead part of a broader framework designed to ensure fair and equitable terms for all parties involved. The court emphasised the importance of maintaining a balance between the rights of employers and employees, and found that the clauses did not unjustifiably favour one party over the other. Consequently, the Maryan Family Trust's application for a declaration of unlawfulness was dismissed.

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