DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5904)

GOODHUE FAMILY TRUST NO. 2 (THE TRUSTEE FOR) T/AS MODUS GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 OCTOBER 2018

Application for approval of the Goodhue Family Trust No. 2 (The Trustee For) T/As Modus Group 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 Goodhue Family Trust No. 2 (The Trustee For) T/As Modus Group 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 5 November 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were the trustee of the Goodhue Family Trust No. 2 trading as Modus Group and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute involved an application for approval of the Modus Group and the CFMEU Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission, specifically the Full Bench, in Melbourne.

The primary legal issue before the court was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. The court had to examine whether the agreement contained all the prescribed terms, whether it was free from prohibited content, and whether it complied with the good faith bargaining provisions. Additionally, the court needed to determine if the agreement was in the best interests of the employees and if it was fair and reasonable.

The court carefully reviewed the agreement and considered the submissions from both parties. The Full Bench found that the agreement met all the statutory requirements for approval. The agreement contained all the prescribed terms, was free from prohibited content, and was the result of good faith bargaining. The court also concluded that the agreement was in the best interests of the employees and was fair and reasonable. Consequently, the court approved the Modus Group and the CFMEU Enterprise Agreement 2016-2018.

The court issued orders approving the Enterprise Agreement. The orders were to be published and communicated to all employees covered by the agreement. The agreement was to take effect from the date of the decision and would remain in force until the earlier of its expiry or termination in accordance with its terms. The orders also provided for the registration of the agreement with the Fair Work Commission.

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