DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7145)

THE TRUSTEE FOR EURO PRECAST (QLD) UNIT TRUST T/AS EURO PRECAST (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 FEBRUARY 2019

Application for approval of The Trustee for Euro Precast (QLD) Unit Trust T/As Euro Precast (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Euro Precast (QLD) Unit Trust T/As Euro Precast (QLD) Pty Ltd 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement between The Trustee for Euro Precast (QLD) Unit Trust trading as Euro Precast (QLD) Pty Ltd and the Union. The application was brought under section 234 of the Fair Work Act 2009, seeking to have the agreement certified as a registered agreement. The dispute centred on whether the agreement complied with the statutory requirements for approval and registration.

The court examined several legal issues, including whether the agreement had been made in good faith and whether it contained the necessary provisions as outlined in the Fair Work Act. Specifically, the court considered whether the agreement complied with the requirement that it be in writing and signed by authorised representatives of both parties. Additionally, the court assessed whether the agreement was consistent with the Act's provisions on enterprise agreements and whether it contained any terms that were contrary to public policy or contravened any provisions of the Act.

The court determined that the agreement met all statutory requirements for approval and registration. It found that the agreement was in writing, signed by authorised representatives, and contained the necessary provisions. The court also concluded that the agreement was consistent with the Act and did not contravene any public policy or statutory provisions. Consequently, the court granted the application and certified the agreement as a registered agreement under section 175 of the Fair Work Act 2009.

The court's decision was finalised with an order that the Euro Precast (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be approved and registered as a registered agreement. The order mandated that the agreement be lodged with the Fair Work Commission and published on its website. This ruling ensures that the terms of the agreement are legally binding and enforceable, providing a framework for the employment relationship between the parties.

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