DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4698)

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

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

Application for approval of the Hamilton Family Trust (The Trustee For) T/As Swift Structure 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 the Hamilton Family Trust (The Trustee For) T/As Swift Structure 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

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CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between the Hamilton Family Trust, trading as Swift Structure Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission, an industrial relations tribunal in Australia. The applicant, Swift Structure Pty Ltd, sought the approval of the agreement which outlined the terms and conditions of employment for workers in the construction industry. The CFMEU, representing the employees, did not oppose the application but sought clarification and minor amendments to ensure the agreement was fair and met legal standards.

The primary legal issues revolved around the fairness of the proposed enterprise agreement, including whether it complied with the relevant sections of the Fair Work Act 2009. The court had to determine if the agreement provided for fair and reasonable terms of employment, including provisions for minimum wages, penalty rates, and other employment conditions. Additionally, the court had to ensure that the agreement was not contrary to the public interest and did not undermine the right of employees to take protected industrial action.

The Fair Work Commission approved the application after reviewing the terms of the agreement and considering the submissions from both parties. The Commission found that the agreement was fair and reasonable, met the requirements of the Fair Work Act, and did not contravene public interest considerations. The Commission made minor amendments to ensure clarity and compliance with legal standards. The court's decision was based on the evidence provided and the application's alignment with industrial relations laws.

The final orders of the court included the approval of the enterprise agreement with the minor amendments made by the Commission. The agreement was to be implemented and binding on the parties, ensuring that the terms and conditions of employment were fair and compliant with the Fair Work Act. The decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the approved 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