DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4843)

THE COLACINO FAMILY TRUST (THE TRUSTEE FOR) T/AS ISAW CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 AUGUST 2016

Application for approval of The Colacino Family Trust (The Trustee For) T/As ISAW Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as The Colacino Family Trust (The Trustee For) T/As ISAW Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 15 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between The Colacino Family Trust, trading as ISAW Concrete Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The key issue before the Commission was whether the enterprise agreement met the legal requirements for approval, including whether it complied with the provisions of the Act regarding genuine bargaining and other procedural aspects.

The Commission examined the evidence and arguments presented by both parties to determine if the agreement was genuinely negotiated and if it met the standards for approval. The applicant argued that the agreement was the result of genuine bargaining and included provisions that were fair and reasonable. The Union contended that certain aspects of the agreement did not comply with the Act and that the negotiation process was flawed. The Commission's analysis focused on the adequacy of the bargaining process and the content of the agreement, ensuring it adhered to the statutory requirements and protected the interests of the employees.

After considering the evidence and arguments, the Commission found that the agreement was the result of genuine bargaining and that it met the legal criteria for approval. The Commission determined that the negotiation process was appropriate and that the terms of the agreement were fair and reasonable. Consequently, the application for approval was successful, and the enterprise agreement was approved as compliant with the Act. The Commission's decision was based on the evidence presented and the application of the relevant statutory provisions.

The final orders of the Commission included the approval of the enterprise agreement between The Colacino Family Trust, trading as ISAW Concrete Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was deemed to be genuinely negotiated and to comply with the requirements of the Fair Work Act 2009. The approval was effective from the date of the decision, and the terms of the agreement would govern the employment conditions of the employees covered by the 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