DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5541)

KEN HOPLEY FAMILY TRUST T/AS PAIGE COURTNEY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) 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) 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) 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 the approval of the Ken Hopley Family Trust trading as Paige Courtney Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the provisions governing employee entitlements and the process by which the agreement was reached.

The legal issues before the court encompassed several critical aspects. Firstly, the court had to determine if the enterprise agreement was made in good faith and without coercion, as mandated by the Act. Secondly, it needed to ascertain whether the agreement's terms and conditions were fair and reasonable, considering the economic and employment circumstances of the parties involved. Additionally, the court examined the process of employee representation and consultation to ensure compliance with the legislative framework.

In delivering its decision, the Fair Work Commission meticulously reviewed the evidence and submissions provided by both parties. The Commission found that the agreement was indeed made in good faith and without coercion, as the process of negotiation was transparent and inclusive of employee representatives. The terms and conditions were deemed fair and reasonable, taking into account the economic environment and the specific needs of the workforce. Furthermore, the Commission concluded that the process of employee consultation and representation was conducted in accordance with the statutory requirements, thereby fulfilling the necessary criteria for approval under the Act. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the legal standards set forth in the Fair Work Act 2009.

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