DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/104)

THE IR AND DA KENT FAMILY TRUST T/AS MARILJOHN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 JANUARY 2020

Application for approval of THE IR AND DA KENT FAMILY TRUST T/As MARILJOHN PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as THE IR AND DA KENT FAMILY TRUST T/As MARILJOHN PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 -2020 (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.

[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 6 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by The IR and DA Kent Family Trust trading as Mariljohn Pty Ltd and the CFMEU (Victorian Construction and General Division) for the approval of their Enterprise Agreement 2019 - 2020. The application was made under section 230 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement which outlines the terms and conditions of employment for workers within the construction industry. The dispute centred on whether the agreement met the requirements for direct registration and approval by the Commission.

The primary legal issues the Commission had to address were whether the agreement satisfied the criteria for direct registration and approval, particularly in relation to the provision of full particulars and the absence of any terms that would undermine the safety and health of employees. The Commission also needed to determine if the agreement provided for the resolution of any future disputes, and if the agreement was consistent with the national system of industrial relations. Furthermore, the Commission had to consider whether the agreement met the 'better off overall test', ensuring that no employee would be worse off under the new agreement compared to their previous conditions.

In deliberating on these issues, the Commission noted that the agreement contained all necessary particulars and did not include any terms that would detrimentally affect employee safety or health. The Commission found that the agreement provided for a fair and efficient mechanism for resolving disputes and was consistent with the national system of industrial relations. The 'better off overall test' was also met, as the agreement provided for improved conditions for employees in various aspects, including wages, leave entitlements, and other benefits. The Commission concluded that the agreement was fair and equitable, meeting all statutory requirements for direct registration.

Consequently, the Fair Work Commission approved the Enterprise Agreement 2019 - 2020, effective from the date of the Commission's decision. The agreement was registered under the Fair Work Act, providing a clear and legally binding framework for the employment conditions of workers within the construction industry. This decision underscores the importance of fair and balanced agreements that protect the rights and interests of both employers and employees.

THE IR AND DA KENT FAMILY TRUST T/AS MARILJOHN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established