Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 1999

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1080)

Chur Bro Family Discretionary Trust T/As J & R Steel Fixers and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 6 APRIL 2018

Application for approval of the Chur Bro Family Discretionary Trust T/As J & R Steel Fixers and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the Chur Bro Family Discretionary Trust T/As J & R Steel Fixers 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.

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 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.

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 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of the Chur Bro Family Discretionary Trust T/As J & R Steel Fixers and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Fair Work Commission (FWC) was the tribunal hearing the matter. The dispute centred around the validity and fairness of the proposed enterprise agreement, which aimed to regulate the employment terms and conditions between the employer and the employees within the specified period.

The primary legal issues the FWC addressed were whether the agreement was genuinely a product of the bargaining process and whether it complied with the requirements set out in the Fair Work Act 2009. This included scrutinising the process of bargaining, the terms and conditions outlined in the agreement, and the fairness of these terms to the employees and the employer. Furthermore, the FWC examined if the agreement was made in good faith, without coercion, and if it appropriately reflected the bargaining positions of both parties.

The FWC found that the agreement was genuinely the product of genuine bargaining, as it reflected the negotiations and compromises made by both parties. The terms and conditions were deemed to be fair and reasonable, considering the specific industry context and the bargaining positions of both the employer and the employees. The FWC concluded that the agreement met the statutory requirements and did not contain any unfair or unjust terms. Consequently, the FWC approved the proposed enterprise agreement.

In approving the enterprise agreement, the FWC made a formal declaration that the Chur Bro Family Discretionary Trust T/As J & R Steel Fixers and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was valid and legally binding. This decision affirmed the terms and conditions outlined in the agreement, which would govern the employment relationship between the employer and employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established