DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Casmar Family Trust (The Trustee For) T/A Casmar Group
(AG2018/4877)

CASMAR FAMILY TRUST (THE TRUSTEE FOR) T/AS CASMAR GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 16 OCTOBER 2018

Application for approval of the CASMAR FAMILY TRUST (THE TRUSTEE FOR) T/As CASMAR GROUP and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016 -2018.

[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) Demolition 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 Casmar Family Trust (The Trustee For) 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 23 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Casmar Family Trust (The Trustee For) trading as Casmar Group applied for approval of the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMU) opposed the application, arguing that the agreement contained unfair provisions and did not comply with the relevant legislative requirements.

The primary legal issue before the Commission was whether the provisions of the proposed enterprise agreement were fair and compliant with the relevant legislation. The CFMU argued that certain clauses within the agreement were not fairly negotiated, and some provisions did not meet the statutory requirements. The Commission needed to assess the fairness of the agreement and determine if it complied with the Fair Work Act 2009.

The Commission found that the provisions of the agreement were fair and met the statutory requirements. The Casmar Family Trust provided evidence that the agreement was the result of good faith bargaining between the employer and the union. The Commission accepted that the agreement had been negotiated in a manner consistent with the principles of good faith bargaining, and the provisions did not exhibit any unfair terms. The Commission concluded that the agreement was fair and compliant with the legislation.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018, finding it to be fair and compliant with the relevant legislation. The decision of the Commission was that the provisions of the agreement were the result of good faith bargaining between the employer and the union, and the agreement met the statutory requirements.

Casmar Family Trust (The Trustee For) 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