DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4280)

THE TRUSTEE FOR SARTOR FAMILY TRUST T/A SARTOR BRISBANE CONCRETE SERVICES AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 AUGUST 2016

Application for approval of The Trustee for Sartor Family Trust T/A Sartor Brisbane Concrete Services and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Sartor Family Trust T/A Sartor Brisbane Concrete Services and CFMEU Union Collective Agreement 2015 - 2019 (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 1 September 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of a union collective agreement with Sartor Family Trust T/A Sartor Brisbane Concrete Services. The dispute was heard by the Fair Work Commission (FWC). The key legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009, including the necessity that it be in the best interests of the employees and not contrary to public policy. The FWC examined whether the agreement adequately provided for the employees' terms and conditions of employment, ensuring fair and reasonable outcomes.

The FWC considered the specific provisions of the agreement, focusing on whether they were consistent with the overarching objectives of the Fair Work Act, which include maintaining a fair and flexible workplace relations system. The tribunal scrutinised whether the agreement would promote workplace harmony and avoid industrial action by providing a clear framework for resolving disputes and addressing employee concerns. Furthermore, the FWC assessed whether the terms of the agreement were fair and reasonable in the context of the industry and the broader economic environment.

After reviewing the submissions and evidence from both parties, the FWC concluded that the agreement did not meet the statutory requirements. The tribunal found that certain provisions of the agreement were not in the best interests of the employees and were contrary to public policy. Consequently, the FWC did not approve the agreement. The decision emphasised the importance of ensuring that union agreements comply with the legal framework designed to protect employees and maintain industrial harmony.

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