DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5066)

MCDONALD FAMILY TRUST (THE TRUSTEE FOR) T/AS DJ REO FIX AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Business equipment industry
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2016

Application for approval of the McDonald Family Trust (The Trustee for) T/As DJ Reo Fix 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 McDonald Family Trust (The Trustee for) T/As DJ Reo Fix 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 2 September 2016. The nominal expiry date of the Agreement is 29 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The McDonald Family Trust, trading as DJ Reo Fix, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) brought an application to the Fair Work Commission to approve an enterprise agreement. The Trust is an employer in the construction industry, and the CFMEU is the relevant union representing employees in the sector. The agreement in question, the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, aimed to regulate employment terms and conditions for employees within the specified period. The primary legal issues the Commission needed to address were whether the agreement was made in good faith, if it provided for the proper protection of employees' rights, and if it complied with the relevant provisions of the Fair Work Act 2009.

The Commission began its analysis by examining the process through which the agreement was negotiated and concluded. It considered whether the parties acted in good faith throughout the negotiation process and whether there was any unfair labour practice. The Commission also evaluated whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions on wages, working hours, leave entitlements, and dispute resolution mechanisms. Furthermore, it assessed whether the agreement was consistent with the Fair Work Act and did not undermine the rights and protections afforded to employees under the Act.

Upon reviewing the evidence and submissions, the Fair Work Commission found that the agreement had been negotiated in good faith and contained terms and conditions that were fair and reasonable. The Commission concluded that the agreement was consistent with the provisions of the Fair Work Act and did not undermine the rights and protections of employees. Consequently, the Commission approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, making it a legally binding instrument between the employer and the employees covered by the agreement. This decision ensures that the terms and conditions of employment for the relevant employees are governed by the provisions of the approved 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