DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4975)

M & C PETRAKIS FAMILY TRUST (THE TRUSTEE FOR) T/AS PXK NOMINEES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 AUGUST 2016

Application for approval of the M & C Petrakis Family Trust (The Trustee for) T/As PXK Nominees 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 M & C Petrakis Family Trust (The Trustee for) T/As PXK Nominees 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 15 August 2016 and, in accordance with s.54, will operate from 22 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEUA) applied for approval of the M & C Petrakis Family Trust (The Trustee for) T/As PXK Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred around the interpretation and application of various sections of the Fair Work Act 2009, specifically whether the agreement met the requirements for registration and approval under the Act.

The legal issues before the Commission included whether the enterprise agreement adequately covered all employees, if the agreement was appropriately negotiated, and whether it complied with the Fair Work (Registered Organisations) Act 2009. The CFMEUA argued that the agreement was comprehensive and negotiated in good faith, while the employer contended that certain provisions were not in line with the statutory requirements.

The Commission carefully examined the negotiation process and the contents of the agreement. It determined that the agreement was appropriately negotiated and that all sections complied with the Fair Work Act. The Commission found that the agreement met the necessary criteria for approval and did not contain any unlawful or unfair provisions. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the M & C Petrakis Family Trust (The Trustee for) T/As PXK Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from 1 July 2016 until 30 June 2018. The decision confirmed that the agreement was negotiated in good faith and complied with all statutory requirements.

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