DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4987)

DOUGLAS FAMILY TRUST (THE TRUSTEE FOR) T/AS ARCWELD AND MDP ONSITE WELDERS GROUP 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 Douglas Family Trust (The Trustee For) T/As Arcweld and MDP Onsite Welders Group 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 Douglas Family Trust (The Trustee For) T/As Arcweld and MDP Onsite Welders Group 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 Construction, Forestry, Mining and Energy Union (CFMEUA) applied to the Fair Work Commission for approval of an enterprise agreement. The Douglas Family Trust (DFT) Trading As Arcweld and MDP Onsite Welders Group opposed the application on the basis that the agreement was not fairly and appropriately negotiated and failed to comply with the Fair Work Act 2009. The Fair Work Commission heard the matter and provided its decision.

The primary legal issue was whether the agreement was fairly and appropriately negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. The DFT argued that the agreement did not comply with the act, particularly in relation to provisions concerning the negotiation process. The CFMEUA contended that the agreement was appropriately negotiated and complied with the act.

The Fair Work Commission considered the evidence presented and found that the agreement was fairly and appropriately negotiated, and complied with the Fair Work Act 2009. The commission found that the CFMEUA had acted in good faith and had made genuine efforts to negotiate the agreement with the DFT. The commission also found that the provisions of the agreement were fair and reasonable and did not contravene any provisions of the act. As a result, the commission approved the enterprise 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