DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5018)

THE TRUSTEE FOR TARCISIO CREMASCO UNIT TRUST T/AS MINESCO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 17 AUGUST 2016

Application for approval of The Trustee for Tarcisio Cremasco Unit Trust T/As Minesco Pty Ltd 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 Trustee for Tarcisio Cremasco Unit Trust T/As Minesco Pty Ltd 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. 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 17 August 2016 and, in accordance with s.54, will operate from 24 August 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 applicant, The Trustee for Tarcisio Cremasco Unit Trust t/as Minesco Pty Ltd, and the respondent, the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), brought before the Fair Work Commission an application for the approval of their enterprise agreement. The applicant, a mining company, and the union representing its employees, sought to have their negotiated agreement recognised as a valid and enforceable enterprise agreement under the Fair Work Act 2009. The dispute centred around the procedural fairness of the agreement, with the union alleging that the process through which the agreement was negotiated was not conducted in good faith.

The primary legal issues before the Fair Work Commission were whether the enterprise agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act. The union argued that the negotiation process was flawed, asserting that the applicant failed to negotiate in good faith and that the agreement did not adequately address the interests of the employees. The Commission was tasked with assessing the fairness of the negotiation process and determining whether the agreement met the statutory requirements for approval.

In delivering its decision, the Fair Work Commission found that the negotiation process was conducted in good faith and that the agreement met all the statutory requirements for approval. The Commission considered the evidence presented by both parties and concluded that the applicant had engaged in meaningful negotiations with the union. The Commission emphasised the importance of good faith bargaining and noted that, while the process was not perfect, it did not fall below the threshold required for the agreement to be deemed unfair. Furthermore, the Commission found that the agreement provided appropriate protections and benefits for the employees, thus satisfying the requirements of the Fair Work Act.

The Fair Work Commission approved the enterprise agreement between The Trustee for Tarcisio Cremasco Unit Trust t/as Minesco Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The Commission's decision recognised the agreement as a valid and enforceable enterprise agreement, effective from the date of the approval. The union's objections regarding the negotiation process were dismissed, as the Commission found that the applicant had negotiated in good faith and that the agreement was fair and balanced. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their industrial relations for the specified period.

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