DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee For Casmar Family Trust T/A Casmar Group
(AG2021/5985)

CASMAR FAMILY TRUST (THE TRUSTEE FOR) T/AS CASMAR GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 JULY 2021

Application for approval of the CASMAR FAMILY TRUST (THE TRUSTEE FOR) T/AS CASMAR GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CASMAR FAMILY TRUST (THE TRUSTEE FOR) T/AS CASMAR GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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 Trustee For Casmar Family Trust T/A Casmar Group. 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 21 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by the trustee of the Casmar Family Trust, trading as Casmar Group, seeking approval of the 2020-2023 Subcontractors Demolition Enterprise Agreement with the CFMEU (Victorian Construction and General Division). The case was heard in the Fair Work Commission. The primary dispute centred on whether the proposed enterprise agreement provided adequate terms and conditions for employees working in the demolition sector, and whether it complied with relevant industrial laws.

The legal issues the court had to address included whether the agreement satisfied the formal requirements of the Fair Work Act 2009, including provisions concerning procedural fairness and the content of the agreement. The court also needed to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it met the standards for good faith bargaining. Another key issue was whether the agreement adequately addressed the interests of both parties, particularly in terms of workplace safety and employee rights.

The Fair Work Commission assessed the agreement based on statutory criteria, including whether it was made in good faith and whether it provided for a fair and efficient workplace. The court found that the agreement met the formal requirements of the Fair Work Act, and that the process for reaching the agreement was fair and transparent. The terms of the agreement were also found to be reasonable and appropriate, taking into account the specific nature of the demolition industry. The court concluded that the agreement was in the best interests of the employees and employers, as it provided for adequate protections and benefits.

The Fair Work Commission approved the Casmar Family Trust (The Trustee for) t/as Casmar Group and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023. The court's decision was based on the finding that the agreement complied with all necessary legal standards and provided fair and reasonable terms for all parties involved.

The Trustee For Casmar Family Trust T/A Casmar Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established