DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2017/5138)

AM FARRELL & CM FARRELL & DA FARRELL & ML FARRELL T/AS DMF SANDBLASTING & PAINTING LATROBE VALLEY INDUSTRY AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 6 APRIL 2018

Application for approval of the AM Farrell & CM Farrell & DA Farrell & ML Farrell T/As DMF Sandblasting & Painting Latrobe Valley Industry Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AM Farrell & CM Farrell & DA Farrell & ML Farrell T/As DMF Sandblasting & Painting Latrobe Valley Industry Agreement 2017 (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 Applicant 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 13 April 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of an agreement made with various respondents including AM Farrell & CM Farrell & DA Farrell & ML Farrell trading as DMF Sandblasting & Painting. The matter was before the Fair Work Commission, which is tasked with overseeing workplace relations and ensuring fair and just employment practices. The union aimed to have the agreement recognised as a lawful and fair workplace agreement, which would cover employees in the Latrobe Valley Industry. The respondents challenged the application on several grounds, questioning the fairness and validity of the agreement.

The central legal issues before the Commission were whether the agreement was genuinely an agreement between the parties, whether it had been negotiated in good faith, and whether it contained appropriate dispute resolution mechanisms. The Commission had to examine the process through which the agreement was negotiated, the terms of the agreement itself, and whether the agreement met the legal standards for approval under the Fair Work Act. Furthermore, the Commission needed to determine if the union had followed the correct procedures in applying for approval of the agreement.

In delivering its decision, the Commission first assessed the process of negotiation. It found that the agreement had been genuinely negotiated between the union and the respondents, and that the union had acted in good faith. The Commission also found that the agreement contained suitable provisions for the resolution of disputes and met the requirements of the Act. It concluded that the agreement was fair and appropriate for approval, taking into account the specific circumstances of the employees and the industry. Consequently, the Commission approved the agreement, recognising it as a lawful and fair workplace agreement.

The Fair Work Commission approved the application for the agreement to be recognised as a lawful and fair workplace agreement. This decision ensures that the terms of the agreement will apply to the employees of the respondents, providing them with a set of agreed-upon conditions and protections. The approval is subject to the agreement being registered with the Fair Work Commission, which formalises its legal status. This outcome resolves the dispute between the union and the respondents, providing a clear framework for future employment relations in the specified industry.

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