DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1396)

THE HORKINGS FAMILY TRUST (THE TRUSTEE FOR) T/AS RED DOG ENTERPRISES (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2018

Application for approval of the The Horkings Family Trust (The Trustee For) T/As Red Dog Enterprises (Vic) 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 The Horkings Family Trust (The Trustee For) T/As Red Dog Enterprises (Vic) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 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 matter before the court involved an application for approval of an enterprise agreement between The Horkings Family Trust, trading as Red Dog Enterprises (Vic) Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's approval of the agreement. The dispute centred on whether the enterprise agreement met the statutory requirements for direct employee involvement and contained necessary provisions regarding employee protections and rights.

The primary legal issue was whether the agreement adhered to the Fair Work Act's direct employee involvement provisions. Additionally, the court needed to determine if the agreement contained all the mandated terms and conditions as outlined in the Act. This included verifying the inclusion of standard terms such as minimum wages, penalty rates, and provisions for employee entitlements and protections.

The Fair Work Commission found that the agreement satisfied the requirements for direct employee involvement as it involved a significant number of employees in its negotiation process. The Commission also confirmed that the agreement contained all necessary standard terms and conditions as required by the Fair Work Act. The Commission approved the enterprise agreement, noting that it provided fair and reasonable terms for employees and did not disadvantage any party unduly.

No further orders were made beyond the approval of the enterprise agreement. The decision confirmed that the agreement was in compliance with the statutory requirements, and thus, the application for approval was successful.

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