DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5507)

THE ARKALIS FAMILY TRUST (THE TRUSTEE FOR) T/AS ARK COATINGS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the The Arkalis Family Trust (the Trustee For) T/As Ark Coatings 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 The Arkalis Family Trust (the Trustee For) T/As Ark Coatings 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 16 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this application were the trustee of The Arkalis Family Trust trading as Ark Coatings and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the approval of an enterprise agreement between the two parties. The matter was heard in the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes.

The legal issues that the Commission needed to decide were whether the enterprise agreement complied with the relevant legislative provisions and whether it was in the best interests of the employees. The Commission examined whether the agreement was genuinely negotiated, whether it contained necessary minimum terms and conditions, and whether it was fair and reasonable. Additionally, the Commission assessed whether the agreement met the standards set by the Fair Work Act 2009 and if it appropriately balanced the interests of both parties.

The Commission found that the agreement was genuinely negotiated and contained the necessary minimum terms and conditions. It was determined that the agreement was fair and reasonable, taking into account the interests of both parties. The Commission concluded that the agreement met the standards set by the Fair Work Act 2009 and was in the best interests of the employees. Therefore, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 between the trustee of The Arkalis Family Trust trading as Ark Coatings and the union. The agreement was deemed to be genuinely negotiated, containing the necessary minimum terms and conditions, and fair and reasonable for both parties. The Commission found that the agreement met the standards set by the Fair Work Act 2009 and was in the best interests of the employees.

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