DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4877)

GAZIBEGOVIC FAMILY TRUST (THE TRUSTEE FOR) T/AS MEDITERRANEAN DECORATORS & PAINTERS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Gazibegovic Family Trust (The Trustee For) T/As Mediterranean Decorators & Painters 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 Gazibegovic Family Trust (The Trustee For) T/As Mediterranean Decorators & Painters 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 9 August 2016 and, in accordance with s.54, will operate from 16 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 parties to the dispute were the Gazibegovic Family Trust, trading as Mediterranean Decorators & Painters, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose concerning the approval of an enterprise agreement between the parties for the period 2016-2018. The Fair Work Commission was the court that handled the matter.

The central legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included whether the agreement contained the mandatory terms prescribed by the Act, whether the agreement was made in good faith, and whether it complied with the procedural requirements for certification. Additionally, the court had to consider whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission determined that the agreement was made in good faith and met all the mandatory term requirements under the Fair Work Act. The court found that the agreement was procedurally valid, with the requisite majority of employees and employers having been consulted and having agreed to the terms. The commission further concluded that the agreement was in the best interests of the employees and the employer, considering the overall benefits and protections it provided. As a result, the court approved the enterprise agreement, allowing it to take effect from the specified period.

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