Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 6189

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5195)

The Trustee for Veale Family Vocational Trust T/A Vealstruct Pty Ltd and CFMMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Hunt	BRISBANE, 13 november 2018

Application for approval of the The Trustee for Veale Family Vocational Trust T/As Vealstruct Pty Ltd and CFMMEU Union Collective Agreement 2018-2019

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the The Trustee for Veale Family Vocational Trust T/As Vealstruct Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

I have taken into consideration the material filed in the Commission. 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Trustee for the Veale Family Vocational Trust, trading as Vealstruct Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMME) for the approval of their 2018-2019 union collective agreement. The application was heard in the Fair Work Commission, which has the authority to approve such agreements under Australian labour law. The nature of the dispute centred around specific provisions within the agreement that the applicant sought to have recognised and enforced as part of the terms and conditions of employment.

The legal issues that the Fair Work Commission was required to decide included whether the proposed terms of the agreement complied with the relevant statutory framework, particularly the Fair Work Act 2009, and whether the agreement met the necessary standards for fair and reasonable terms. The Commission had to consider the balance of interests between the employer and the employees represented by the union, ensuring that the agreement did not unduly favour one party over the other and was consistent with broader labour market principles.

The Commission carefully examined the provisions of the agreement, taking into account submissions from both the employer and the union. It assessed whether the terms were fair and reasonable, and whether they met the statutory requirements for approval. After considering all the evidence and arguments presented, the Commission determined that the agreement met the necessary criteria and approved the collective agreement. The decision recognised the rights and obligations of both parties and aimed to provide a fair framework for the employment relationship.

The final orders included the approval of the 2018-2019 union collective agreement between the Trustee for the Veale Family Vocational Trust, trading as Vealstruct Pty Ltd, and the CFMEU, subject to the terms and conditions set out in the agreement. The approval was contingent on compliance with the Fair Work Act and the broader principles of fairness and reasonableness in industrial relations.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established