DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5542)

KEN HOPLEY FAMILY TRUST T/AS PAIGE COURTNEY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLDING 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) Contract Scaffolding 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) Contract Scaffolding 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a proposed enterprise agreement in the Federal Circuit Court. The proposed agreement, titled the Ken Hopley Family Trust T/As Paige Courtney Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffolding Enterprise Agreement 2016-2018, was disputed by the employer, Paige Courtney Pty Ltd. The court had to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue for the court was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it provided for proper classification of employees, and whether it contained minimum terms and conditions that were fair and reasonable. The court also had to consider whether the agreement had been genuinely agreed to by the parties, and whether it met the requirements for covering a specific group of employees.

The court examined the evidence presented by both parties and found that the proposed agreement was made in good faith and contained appropriate provisions for the classification of employees. The court also determined that the minimum terms and conditions were fair and reasonable, and that the agreement had been genuinely agreed to by the parties. The court was satisfied that the agreement met the requirements for covering a specific group of employees, and that it was in the best interests of the employees covered by the agreement. The court approved the proposed agreement.

The court ordered that the proposed agreement be approved, and that it be registered with the Fair Work Commission. The agreement will now be binding on the parties and their employees for the specified period. The court's decision provides certainty and clarity for both the employer and employees, and ensures that the agreement meets the requirements of 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