DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2483)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the COOPER FAMILY TRUST (THE TRUSTEE FOR) T/As CWDS 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 CWDS 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 6 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were the Cooper Family Trust, trading as CWDS Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the approval of the Enterprise Agreement 2016-2018, and the matter was brought before the Fair Work Commission. The legal issues that the court was required to decide related to whether the agreement met the statutory requirements for approval, specifically whether it was in the best interests of the employees and whether it contained provisions that were fair and reasonable. The court had to consider the balance of the agreement and whether it complied with the applicable provisions of the Fair Work Act 2009.

The court, in its reasoning, examined the provisions of the agreement and found that it met the necessary criteria for approval. The court noted that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for pay rates, working hours, and leave entitlements. The court also found that the agreement was in the best interests of the employees, as it provided for adequate protections and benefits. The court concluded that the agreement was fair and reasonable, and it met the requirements of the Fair Work Act 2009. The court approved the agreement, finding that it was in the best interests of the employees and that it complied with the statutory requirements.

In its decision, the court approved the Enterprise Agreement 2016-2018 between the Cooper Family Trust, trading as CWDS Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The court found that the agreement met the necessary criteria for approval, as it provided for fair and reasonable terms and conditions for the employees and was in their best interests. The court also found that the agreement complied with the provisions of the Fair Work Act 2009. The final orders of the court were that the agreement be approved and registered with the Fair Work Commission.

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