DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4933)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

Application for approval of the Newgrow Trust (The Trustee for) T/As Newgrow 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 Newgrow Trust (The Trustee for) T/As Newgrow 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 10 August 2016 and, in accordance with s.54, will operate from 17 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 involved an application for the approval of an enterprise agreement between the Newgrow Trust and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission to determine if the agreement should be approved and registered. The dispute centred on whether the agreement contained appropriate terms and conditions for the employees and if it complied with the relevant industrial legislation.

The legal issues before the court were whether the agreement was a genuine enterprise agreement under the Fair Work Act 2009, and if it complied with the procedural requirements set out in the Act. The court was required to assess the fairness of the agreement and whether it contained any unfair provisions that would render it invalid. Additionally, the court had to determine if the application met the necessary procedural requirements, including if the agreement had been properly negotiated and if the correct parties had been involved in the process.

The court examined the application and found that the agreement was a genuine enterprise agreement that had been properly negotiated and agreed upon by the relevant parties. The court considered the terms and conditions of the agreement and found that they were not unfair. The court also found that the application complied with the procedural requirements set out in the Fair Work Act 2009. As a result, the court approved and registered the enterprise agreement.

The final orders of the court were that the Newgrow Trust (The Trustee for) T/As Newgrow Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. The court's decision was based on its finding that the agreement was a genuine enterprise agreement, contained fair terms and conditions, and complied with the procedural requirements of the Act.

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