Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4800)

DEV STONE SOLUTIONS PTY LTD AS TRUSTEE FOR DEV STONE TRUST T/AS DEV STONE SOLUTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 NOVEMBER 2022

Application for approval of the DEV STONE SOLUTIONS PTY LTD AS TRUSTEE FOR DEV STONE TRUST T/As DEV STONE SOLUTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the DEV STONE SOLUTIONS PTY LTD AS TRUSTEE FOR DEV STONE TRUST T/As DEV STONE SOLUTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Dev Stone Solutions Pty Ltd, as trustee for the Dev Stone Trust, trading as Dev Stone Solutions, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The dispute was regarding the approval of a Subcontractors Caulking and Sealing Enterprise Agreement for the period 2020 to 2023. The case was heard in the Fair Work Commission.

The legal issues before the court involved whether the agreement met the requirements under the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The court had to determine if the agreement was in the best interests of the employees, if it complied with the procedural requirements, and if it contained the necessary provisions for minimum entitlements and dispute resolution.

The court found that the agreement was in the best interests of the employees and that it complied with the procedural requirements of the Act. It was noted that the agreement contained provisions for minimum entitlements and that the dispute resolution process was appropriate. The court emphasised that the agreement was negotiated in good faith and that it reflected a fair and reasonable outcome for all parties involved. As such, the court approved the agreement.

There were no final orders mentioned in the text, but typically, the court would have made an order approving the enterprise agreement, which would then come into effect from the date of the decision. This would mean that the terms of the agreement would be binding on the employer and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established