The Trustee for Tarcisio Cremasco Unit Trust T/A Minesco Pty Ltd

[2022] FWCA 1693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for Tarcisio Cremasco Unit Trust T/A Minesco Pty Ltd

(AG2022/1506)

Minesco Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 MAY 2022

Application for approval of the Minesco Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Minesco Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery 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 Tarcisio Cremasco Unit Trust T/A Minesco Pty Ltd. 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 June 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

In the recent case, the trustee for Tarcisio Cremasco Unit Trust, trading as Minesco Pty Ltd, applied to the Fair Work Commission for approval of the Minesco Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The trustee argued that the agreement was appropriate for approval under the Fair Work Act 2009, and sought a formal declaration to that effect. The CFMEU opposed the application, contending that the agreement contained terms that were not fair and reasonable, and would not meet the standards for approval under the relevant provisions of the Act.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under section 231 of the Fair Work Act 2009. The Commission considered whether the agreement contained terms that were fair and reasonable, and whether those terms were consistent with the objects of the Act. The Commission also needed to determine whether the agreement complied with the procedural requirements for approval, and whether the agreement was otherwise appropriate for endorsement.

In its decision, the Commission found that the agreement contained terms that were fair and reasonable, and that it met the objects of the Act. The Commission noted that the agreement provided for a reasonable balance of rights and obligations between the parties, and that it contained provisions that were consistent with the principles of the Act. The Commission also found that the agreement complied with the procedural requirements for approval, and that it was otherwise appropriate for endorsement. The Commission concluded that the agreement should be approved, and made a declaration to that effect.

The Commission approved the agreement, and made a formal declaration that it was appropriate for endorsement under section 231 of the Fair Work Act 2009. The Commission's decision provides important guidance for employers and unions seeking to negotiate and approve enterprise agreements in the construction industry, and highlights the importance of ensuring that agreements are fair and reasonable, and consistent with the objects of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established