DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5535)

KEN HOPLEY FAMILY TRUST T/AS PAIGE COURTNEY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Ken Hopley Family Trust T/As Paige Courtney Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ken Hopley Family Trust T/As Paige Courtney Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition 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, 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, 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 19 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Ken Hopley Family Trust T/As Paige Courtney Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018. The applicant, Paige Courtney Pty Ltd, sought the approval of the enterprise agreement from the Commission, which would then be registered under the Fair Work Act 2009. The CFMEU, on behalf of its members, supported the application.

The legal issues before the Commission related to the fairness and appropriateness of the proposed terms and conditions outlined in the agreement. Specifically, the Commission was required to determine whether the agreement met the requirements for approval under section 231 of the Act. This included assessing the agreement's compliance with the "better off overall test" and ensuring that it did not contain any terms that were contrary to the public interest or that undermined the protection of employees' rights.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission concluded that the proposed terms and conditions were fair and appropriate, and that the agreement would result in employees being "better off overall" compared to the existing industrial instrument. The Commission also considered the submissions made by the parties and found that the agreement did not contain any terms that were contrary to the public interest or that undermined the protection of employees' rights. As a result, the Commission approved the enterprise agreement, which will now be registered under the Fair Work Act 2009.

The final orders of the Commission were that the Ken Hopley Family Trust T/As Paige Courtney Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. The agreement will now be in effect from the date of registration and will apply to the employees covered by the agreement.

Construction, Forestry, 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