DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5211)

VAN NEK UNIT TRUST T/AS HANDY HANS CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 OCTOBER 2018

Application for approval of the Van Nek Unit Trust T/As Handy Hans Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Van Nek Unit Trust T/As Handy Hans Construction 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). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Van Nek Unit Trust trading as Handy Hans Construction Pty Ltd, applied to the Fair Work Commission for the approval of a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The union, as the representative of the applicant’s employees, sought an increase in wages and conditions for the workers. The Commission was required to consider whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant legislative framework.

The key legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions for the employees, and whether it met the statutory requirements for approval. The Commission needed to assess the fairness of the proposed terms and conditions, including wages, hours of work, leave entitlements, and other benefits, in the context of the industry and economic conditions. Additionally, the Commission had to determine whether the agreement complied with the requirements of the Fair Work Act 2009, including the provisions related to good faith bargaining and the avoidance of industrial action.

The Commission found that the proposed agreement was in the best interests of the employees and complied with the statutory requirements. The Commission considered the industry conditions, economic factors, and the parties' bargaining positions in reaching its decision. The Commission was satisfied that the proposed agreement provided fair and reasonable terms and conditions for the employees and that it met the requirements of the Fair Work Act. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Van Nek Unit Trust T/As Handy Hans Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The Commission found that the proposed agreement was fair and reasonable and met the statutory requirements for approval. The Commission considered the industry conditions, economic factors, and the parties' bargaining positions in reaching its decision. The approved agreement will now govern the terms and conditions of employment for the employees of the applicant.

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