DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4937)

BRANDON COOPER & DAVID DUFFY BUSINESS TRUST T/AS AKALAN PROJECTS 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 Brandon Cooper & David Duffy Business Trust T/As Akalan Projects 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 Brandon Cooper & David Duffy Business Trust T/As Akalan Projects 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 matter before the Fair Work Commission involved an application for the approval of the Brandon Cooper & David Duffy Business Trust T/As Akalan Projects and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Akalan Projects, sought approval of the agreement from the Commission, which would make it a registered agreement under the Fair Work Act 2009. The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the relevant legislative requirements.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary standards under the Fair Work Act, specifically whether it was a "better off overall test" agreement, and if it complied with the procedural requirements for registration. This included examining whether the agreement had been made in good faith and whether it contained terms that were within the scope of permissible matters under the Act.

The Commission considered the arguments presented by both parties and reviewed the proposed agreement in detail. It was noted that the agreement contained a range of terms and conditions that were generally consistent with industry standards and practices. The Commission found that the agreement was made in good faith and that it complied with the procedural requirements for registration. Furthermore, the Commission was satisfied that the agreement met the better off overall test, as it provided for a fair and reasonable outcome for both parties. Therefore, the Commission approved the application and registered the enterprise agreement.

The Fair Work Commission approved the application for the registration of the Brandon Cooper & David Duffy Business Trust T/As Akalan Projects and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was registered as a certified agreement under the Fair Work Act 2009, effective from the date of the Commission's 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