DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4976)

ALISTAIR CHRISTIE FAMILY TRUST (THE TRUSTEE FOR) T/AS EVOLUTION CONCEPTS 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 Alistair Christie Family Trust (The Trustee for) T/As Evolution Concepts 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 Alistair Christie Family Trust (The Trustee for) T/As Evolution Concepts 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

The matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Alistair Christie Family Trust, trading as Evolution Concepts Pty Ltd. The dispute centred on the approval of an enterprise agreement that had been negotiated between the two parties, covering the period from 2016 to 2018. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable for the employees covered by the agreement.

The central legal issues before the Commission were whether the agreement complied with the procedural requirements for its approval, and whether the terms of the agreement were fair and reasonable. Specifically, the Commission had to consider if the agreement was genuinely negotiated, if it met the good faith bargaining requirements, and if it contained terms that were fair and reasonable for the employees involved. The Commission also had to determine if the agreement was consistent with the relevant national employment standards and whether it provided for adequate dispute resolution mechanisms.

The Commission found that the agreement had been genuinely negotiated between the parties in good faith and that it contained terms that were fair and reasonable for the employees. The Commission also determined that the agreement was consistent with the relevant national employment standards and provided for adequate dispute resolution mechanisms. The Commission approved the agreement, finding that it met all the statutory requirements for approval under the Fair Work Act 2009. The Commission emphasised the importance of genuine negotiation and good faith bargaining in the enterprise agreement process and highlighted the need for agreements to provide for fair and reasonable terms for employees. The Commission also noted the importance of providing for adequate dispute resolution mechanisms in enterprise agreements.

The final orders of the Commission were that the enterprise agreement between the Alistair Christie Family Trust, trading as Evolution Concepts Pty Ltd, and the CFMEU (Victorian Construction and General Division) for the period 2016-2018 be approved and registered. The agreement was to be registered from the date of the Commission's decision, and the parties were directed to take all necessary steps to give effect to the agreement. The Commission also directed the parties to provide a copy of the approved agreement to the Fair Work Ombudsman within 28 days of the decision.

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