DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4781)

HARRIS FAMILY TRUST (THE TRUSTEE FOR) T/AS HARRIS CONSTRUCTIONS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Harris Family Trust (The Trustee For) T/As Harris Constructions (VIC) 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 Harris Family Trust (The Trustee For) T/As Harris Constructions (VIC) 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 4 August 2016 and, in accordance with s.54, will operate from 11 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

In the case of the Construction, Forestry, Mining and Energy Union, the applicant sought approval of an enterprise agreement between the Harris Family Trust trading as Harris Constructions (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division). The dispute centred on whether the agreement adequately fulfilled the requirements of the Fair Work Act 2009 in terms of fair and reasonable terms of employment. The Fair Work Commission was the tribunal tasked with deciding this matter.

The central legal issues the Commission had to address involved whether the agreement contained terms that were fair and reasonable, as required by section 234 of the Fair Work Act. This included evaluating if the agreement was free from coercion and undue influence, and whether it provided for appropriate protections and benefits for employees. Additionally, the Commission considered whether the agreement met the criteria for "no-disadvantage" as compared to the applicable award or safety net award.

The Fair Work Commission, after thorough examination, found that the agreement met the necessary requirements of fairness and reasonableness. The Commission was satisfied that the agreement was free from coercion and undue influence and provided for adequate protections and benefits for the employees. The Commission also determined that the agreement did not result in a worse-off position for employees compared to the applicable award. Consequently, the Commission approved the enterprise agreement, deeming it compliant with the statutory standards.

The final orders of the Commission were that the Harris Family Trust (The Trustee For) T/As Harris Constructions (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009.

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