DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4991)

SEMMENS FAMILY TRUST T/AS ACCESS SAND BLASTING 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 Semmens Family Trust T/As Access Sand Blasting 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 Semmens Family Trust T/As Access Sand Blasting 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Semmens Family Trust trading as Access Sand Blasting Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute was heard in the Fair Work Commission (FWC), Australia’s industrial relations tribunal. The union sought approval of the enterprise agreement which outlined terms and conditions of employment for employees of the sandblasting company.

The primary legal issues the FWC had to decide were whether the agreement was fairly negotiated and if it complied with the requirements of the Fair Work Act 2009. Key considerations included whether the agreement was made in good faith, if it provided for the proper protection of employees' interests, and if it met the statutory criteria for enterprise agreements. The FWC also needed to examine whether the agreement was free from any improper influence or coercion and if it complied with minimum workplace standards.

In its reasoning, the FWC found that the agreement had been negotiated in good faith and was fair and reasonable. The FWC observed that the union had properly represented the employees, and there was no evidence of improper influence or coercion. The agreement provided for appropriate terms and conditions, and it did not disadvantage employees in any significant way. Moreover, the FWC confirmed that the agreement met all statutory criteria and complied with minimum workplace standards. Therefore, the FWC approved the enterprise agreement.

As a result of the decision, the Semmens Family Trust trading as Access Sand Blasting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved, and the terms and conditions set out in the agreement became binding on the parties.

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