DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4658)

P & C HARRISON FAMILY TRUST (THE TRUSTEE FOR) T/AS SOUTH EAST REINFORCEMENT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JULY 2016

Application for approval of the P & C HARRISON FAMILY TRUST (THE TRUSTEE FOR) T/As SOUTH EAST REINFORCEMENT 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 P & C HARRISON FAMILY TRUST (THE TRUSTEE FOR) T/As SOUTH EAST REINFORCEMENT 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.

[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 5 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) was brought by the P & C Harrison Family Trust, trading as South East Reinforcement (the applicant), and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) (the union), seeking approval of the Enterprise Agreement 2016-2018. The agreement was made between the applicant and the union, covering employees of the applicant who are members of the union. The dispute centred on the terms of the agreement and whether they complied with the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement met the requirements of section 233 of the Fair Work Act and whether it contained any terms that were not permitted under the Act. Specifically, the FWC needed to determine if the agreement was in the public interest and whether any terms were contrary to the Act or the principles of good faith bargaining. The FWC also had to consider the fairness of the agreement and whether it provided for proper mechanisms for dispute resolution.

The FWC found that the agreement met the requirements of the Fair Work Act. The terms of the agreement were deemed to be in the public interest and were not found to be contrary to the Act or the principles of good faith bargaining. The FWC was satisfied that the agreement provided for proper mechanisms for dispute resolution and was fair and reasonable. The FWC approved the agreement, subject to minor modifications.

The FWC's final orders included the approval of the Enterprise Agreement 2016-2018, with some minor modifications, and the setting aside of any previous orders that were inconsistent with the approval. The FWC also directed the applicant and the union to take steps to ensure the agreement was brought into effect and to provide a copy of the approved agreement to the Fair Work Ombudsman.

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