DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3803)

RYAN GALEA FAMILY TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 14 OCTOBER 2019

Application for approval of the RYAN GALEA FAMILY TRUST (THE TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the RYAN GALEA FAMILY TRUST (THE TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) 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 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 22 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of the Ryan Galea Family Trust (the Trustee for) and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission, which has jurisdiction over matters involving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement, which proposed various terms and conditions for employees in the construction industry, complied with the statutory requirements for approval.

The primary legal issue the Commission had to decide was whether the agreement met the criteria for approval as outlined in the Fair Work Act. This included assessing whether the agreement provided for the terms and conditions of employment for employees covered by the agreement, whether it was made in good faith, and whether it included provisions for the protection of employees' rights and entitlements. The Commission also needed to determine if the agreement was made without the influence of unfair labour practices.

The Commission found that the agreement satisfied the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions, was made in good faith, and included adequate provisions for the protection of employees' rights and entitlements. The Commission further concluded that the agreement was not influenced by any unfair labour practices. The Commission's reasoning was based on a detailed examination of the provisions of the agreement, the bargaining processes that led to its creation, and the overall fairness of the terms proposed. As a result, the Commission approved the enterprise agreement, allowing it to come into effect as per the terms specified.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision effectively resolved the application, allowing the agreement to be implemented and providing a framework for the employment terms and conditions within the specified industry for the duration of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established