DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2998)

THE HALEY FAMILY TRUST ATF A GRADE ACCESS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 AUGUST 2019

Application for approval of THE HALEY FAMILY TRUST ATF A GRADE ACCESS PTY LTD 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 HALEY FAMILY TRUST ATF A GRADE ACCESS PTY LTD 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 3 September 2019. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, The Haley Family Trust ATF A Grade Access Pty Ltd applied for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute involved the interpretation and compliance of the enterprise agreement with the Fair Work Act 2009. The key legal issues before the court were whether the agreement met the necessary criteria for approval under the Act, specifically whether it contained the required minimum entitlements and if it adhered to procedural fairness.

The court examined the provisions of the agreement to ensure it contained all mandated minimum entitlements as outlined in the Fair Work Act. It also assessed whether the process leading to the agreement's creation was fair and transparent, including whether appropriate consultation and negotiation occurred between the parties involved. The court took into account the specific context of the construction industry and the collective bargaining process. After thorough consideration, the court found that the agreement did indeed meet all the statutory requirements and was procedurally sound.

Consequently, the Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision confirmed that the agreement was compliant with the Fair Work Act and adhered to the principles of procedural fairness. This ruling ensures that the agreement will govern the employment conditions for the relevant employees during the specified period.

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