DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5609)

COOPER FAMILY TRUST (THE TRUSTEE FOR) T/AS NASI PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 OCTOBER 2018

Application for approval of the Cooper Family Trust (The Trustee For) T/As Nasi 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 Cooper Family Trust (The Trustee For) T/As Nasi 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 29 October 2018. The nominal expiry date of the Agreement is 30 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Cooper Family Trust trading as Nasi Pty Ltd, represented by the Construction, Forestry, Maritime, Mining and Energy Union, for approval of an enterprise agreement with the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application was heard by the Fair Work Commission, an independent statutory tribunal with jurisdiction over employment and workplace relations matters in Australia. The central issue before the Commission was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary provisions for genuine bargaining, if it complied with the good faith bargaining requirement, and if it was consistent with the national system of industrial relations.

The Commission examined the evidence presented by both parties regarding the negotiation process and the content of the agreement. The Cooper Family Trust argued that the agreement reflected the outcomes of genuine bargaining, while the union contended that certain provisions were unfair and did not comply with the statutory requirements. The Commission considered the legal principles established in previous cases, such as the need for a genuine attempt at bargaining, the absence of coercion or undue influence, and the requirement that the agreement not contain provisions that were contrary to public policy or the national system of industrial relations. After reviewing the evidence and applying the relevant legal principles, the Commission concluded that the agreement contained provisions that were inconsistent with the national system of industrial relations and did not meet the requirements for genuine bargaining.

Consequently, the Fair Work Commission rejected the application for approval of the enterprise agreement. The Commission found that certain provisions of the agreement were contrary to the national system of industrial relations and did not reflect the outcomes of genuine bargaining. The decision underscores the importance of ensuring that enterprise agreements comply with the legal requirements for approval under the Fair Work Act 2009 and highlights the Commission's role in protecting the rights of employees and employers in the workplace. The Commission's decision serves as a reminder to parties negotiating enterprise agreements to ensure that they adhere to the legal requirements and genuinely bargain in good faith.

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