DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/507)

THE TRUSTEE FOR S&F FAMILY TRUST T-AS PACIFICEST PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2019

Application for approval of The Trustee for S&F Family trust t-as Pacificest Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for S&F Family trust t-as Pacificest Pty Ltd / CFMEU Collective Agreement 2019 (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 20 March 2019. The nominal expiry date of the Agreement is 1 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, The Trustee for S&F Family Trust trading as Pacificest Pty Ltd, sought approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute came before the Fair Work Commission, which must determine whether the agreement is in the interests of the employees covered by it. The applicant submitted that the agreement was fair and appropriate, given the circumstances of the parties and the workforce.

The legal issues before the Commission were whether the agreement met the statutory criteria for approval, including whether it was in the interests of the employees and whether it complied with the relevant legislative provisions. The Commission considered the arguments from both parties, including evidence about the nature of the industry, the terms of the agreement, and the views of the employees. The Commission also had to balance the rights of the employer and the union against the interests of the employees.

The Fair Work Commission found that the agreement was fair and appropriate, given the circumstances of the parties and the workforce. The Commission considered that the agreement provided for reasonable terms and conditions of employment, including adequate pay and conditions, and that it was in the interests of the employees. The Commission also found that the agreement complied with the relevant legislative provisions. The Commission approved the collective agreement, subject to certain conditions and modifications.

The Commission's decision was that the collective agreement was approved, subject to certain conditions and modifications. The applicant was required to provide a copy of the approved agreement to the union and to ensure that it was brought to the attention of all affected employees. The union was required to ensure that the agreement was implemented in accordance with its terms. The decision is final and binding on both parties.

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