DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4718)

CAREY FRAWLEY FAMILY TRUST (THE TRUSTEE FOR) T/AS NG LABOUR 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 CAREY FRAWLEY FAMILY TRUST (THE TRUSTEE FOR) T/As NG LABOUR 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 CAREY FRAWLEY FAMILY TRUST (THE TRUSTEE FOR) T/As NG LABOUR 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

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CaseChat Overview and Summary

The dispute involved the Construction, Forestry, Mining and Energy Union (CFMEU) and NG Labour Pty Ltd, represented by the Carey Frawley Family Trust. The matter came before the Fair Work Commission in the form of an application for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission was tasked with determining whether the agreement met the statutory criteria for approval, as outlined in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act and whether it complied with the procedural requirements for enterprise agreements. Specifically, the Commission needed to examine whether the agreement was made in good faith and whether proper consultation had occurred between the parties. The Court also considered the extent to which the agreement met the standards of procedural fairness and whether it adhered to the provisions for modern awards.

In delivering its decision, the Commission found that the agreement satisfied the mandatory term requirements under the Fair Work Act. It was noted that the agreement incorporated all the necessary provisions, including those relating to minimum wages, penalties, and other employment conditions. The Commission further determined that the agreement was made in good faith and that adequate consultation had taken place. The procedural fairness was upheld, and the agreement was found to be compliant with the relevant legislative provisions. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission confirmed that the agreement met all statutory criteria and was compliant with the procedural requirements. The decision affirmed that the agreement would serve as a valid enterprise agreement, effective from the date of 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