DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2459)

THE TRUSTEE FOR R AND K UNIT TRUST T/AS D.B. FARRELL’S PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2018

Application for approval of The Trustee for R and K Unit Trust T/As D.B. Farrell’s Pty Ltd and CFMMEU Union Collective Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for R and K Unit Trust T/As D.B. Farrell’s Pty Ltd and CFMMEU 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] 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 12 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between The Trustee for the R and K Unit Trust trading as D.B. Farrell’s Pty Ltd and the CFMEU. The dispute centred on whether the agreement, which had been negotiated between the parties, met the criteria for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement complied with the statutory requirements and that it did not undermine the principles of the industrial relations system.

The legal issues before the Commission included whether the collective agreement adhered to the procedural requirements set out in the Fair Work Act and whether the terms of the agreement were consistent with the objectives of the Act, including the protection of employees’ rights and the promotion of harmonious, productive and cooperative workplace relations. A further issue was whether the agreement unfairly disadvantaged any party and whether it contained provisions that were contrary to public policy or contrary to the objectives of the Act.

In reaching its decision, the Commission considered the submissions of both parties, the procedural fairness of the negotiation process, and the substantive terms of the agreement. The Commission found that the negotiation process had been conducted in good faith and that the agreement contained terms that were consistent with the objectives of the Fair Work Act. The Commission was satisfied that the agreement did not unfairly disadvantage any party and that it did not contain any provisions that were contrary to public policy or the objectives of the Act. The Commission approved the agreement, finding that it met the statutory criteria for approval.

The final orders of the Commission were that the collective agreement between The Trustee for the R and K Unit Trust trading as D.B. Farrell’s Pty Ltd and the CFMEU, as set out in the application, be approved in accordance with section 234 of the Fair Work Act. The Commission also ordered that the approved agreement be registered with the Fair Work Commission and that it be given effect from the date of the decision. The decision of the Commission was final and binding on the 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