DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5115)

LIN & YU PROPERTY TRUST (THE TRUSTEE FOR) T/AS L & Y COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 AUGUST 2016

Application for approval of the Lin & Yu Property Trust (The Trustee For) T/As L & Y Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as Lin & Yu Property Trust (The Trustee For) T/As L & Y Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 24 August 2016 and, in accordance with s.54, will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Lin & Yu Property Trust (the Trustee For) T/As L & Y Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, which was opposed by Lin & Yu Property Trust. The matter was heard in the Fair Work Commission. The legal issue the court needed to address was whether the terms of the enterprise agreement were consistent with the Fair Work Act 2009, particularly with respect to whether the agreement contained any terms that were outside the scope of the bargaining power of the parties. The court examined the content of the agreement and found that it contained terms that were consistent with the objectives of the Fair Work Act. The court also found that the agreement did not contain any terms that were outside the scope of the bargaining power of the parties. As a result, the court approved the enterprise agreement. The approval of the agreement means that it will now be legally binding on the parties and will apply to the employees covered by the 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