DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5471)

THE TRUSTEE FOR THE WITTSTADT BARRATT FAMILY TRUST T/AS GBJ INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 13 NOVEMBER 2018

Application for approval of the The Trustee for The Wittstadt Barratt Family Trust T/As GBJ Installations Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the The Trustee for The Wittstadt Barratt Family Trust T/As GBJ Installations Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, an application was made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement entered into with The Trustee for The Wittstadt Barratt Family Trust T/As GBJ Installations Pty Ltd, for the period 2018 to 2019. The Commission was required to consider whether the agreement was in the public interest and whether it met the requirements of the Fair Work Act 2009. The Commission was also required to consider whether the agreement complied with the relevant provisions of the National Employment Standards.

The Commission found that the agreement was in the public interest and that it met the requirements of the Fair Work Act 2009. The Commission also found that the agreement complied with the relevant provisions of the National Employment Standards. The Commission noted that the agreement provided for a number of improvements in the terms and conditions of employment for the employees covered by the agreement. The Commission was satisfied that the agreement was not likely to have an adverse effect on the broader labour market or on the operation of the industrial relations system.

The Commission approved the agreement, subject to certain conditions. The conditions included a requirement that the parties notify the Commission of any changes to the agreement before they came into effect, and a requirement that the parties provide certain information to the Commission on an ongoing basis. The Commission also made orders requiring the parties to take certain steps to ensure that the agreement was brought to the attention of all relevant employees.

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