DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/862)

DOVE FAMILY TRUST (THE TRUSTEE FOR) T/AS DOVE PASSIVE FIRE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2018

Application for approval of the Dove Family Trust (The Trustee for) T/As Dove Passive Fire 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 Dove Family Trust (The Trustee for) T/As Dove Passive Fire 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 10 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 Dove Family Trust (The Trustee for) T/As Dove Passive Fire and the CFMEU (Victorian Construction and General Division) sought approval of their enterprise agreement for the period 2016-2018 from the Fair Work Commission. This application arose due to the need for the agreement to be approved by the Commission in order to be legally enforceable. The primary legal issues that the Commission had to decide involved whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the fairness and compliance of the terms with the Act's provisions.

The Fair Work Commission considered various aspects of the enterprise agreement, including the procedural fairness of how the agreement was negotiated, the substantive fairness of the terms, and compliance with the Act. The Commission examined the bargaining process, the parties' conduct, and the content of the agreement. The Commission found that the agreement had been negotiated in good faith and that the terms were fair and reasonable. The Commission concluded that the agreement complied with the Act and approved it accordingly.

In reaching its decision, the Fair Work Commission emphasised the importance of ensuring that enterprise agreements are negotiated fairly and that their terms are just. The Commission noted that the agreement in question had been developed through a process that involved genuine bargaining and that the terms reflected the needs and interests of both parties. The Commission was satisfied that the agreement was fair and did not disadvantage any party, and it approved the agreement for the period 2016-2018. The final orders of the Commission were that the enterprise agreement be approved as set out in the decision.

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