DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4878)

NANFRA TURCO FAMILY TRUST (THE TRUSTEE FOR) T/AS NANFRA CONCRETE DEVELOPMENTS PTY LTD 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 Nanfra Turco Family Trust (The Trustee for) T/As Nanfra Concrete Developments 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 Nanfra Turco Family Trust (The Trustee for) T/As Nanfra Concrete Developments 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 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

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) and the Nanfra Turco Family Trust (The Trustee for) trading as Nanfra Concrete Developments Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Enterprise Agreement between the two parties. The agreement, which was proposed to cover the period from 2016 to 2018, sought to formalise the terms and conditions of employment for workers in the concrete industry. The dispute primarily revolved around the adequacy and fairness of the proposed agreement in terms of compliance with the Fair Work Act 2009 and the principles of good faith bargaining.

The legal issues before the Commission included whether the proposed agreement met the requirements for "single interest" bargaining, if the terms and conditions were fair and reasonable, and whether there was sufficient evidence of genuine efforts to bargain in good faith. The Commission needed to consider whether the agreement complied with the provisions of the Fair Work Act and whether it was appropriate to make the order for approval. Additionally, the Commission assessed if the process leading to the agreement's formation adhered to the principles of procedural fairness.

The Commission found that the parties had genuinely attempted to bargain in good faith and that the proposed agreement was fair and reasonable. It concluded that the agreement complied with the requirements of the Fair Work Act, including the provisions for single interest bargaining. The Commission was satisfied that the terms and conditions of the agreement were not worse off than the applicable awards and that there was no evidence of procedural unfairness in the bargaining process. Consequently, the Commission approved the Enterprise Agreement, finding it to be in the best interests of the employees and the employer, and made the appropriate order for its approval.

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