DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4626)

BIRRELL FAMILY TRUST (THE TRUSTEE FOR) T/AS WAYNE HIGH ACCESS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the Birrell Family Trust (The Trustee For) T/As Wayne High Access and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Birrell Family Trust (The Trustee For) T/As Wayne High Access and the CFMEU (Victorian Construction and General Division) Specialised Rope Access 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Birrell Family Trust (trading as Wayne High Access) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval for their enterprise agreement from the Fair Work Commission. The respondents, including several employers, contested the application, arguing that the agreement did not meet the necessary standards under the Fair Work Act. The case was heard in the Federal Court of Australia, where the applicants' application for special leave to appeal was adjudicated.

The primary legal issue before the court was whether the applicants' enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. This included assessing whether the agreement provided for the safety, health, and welfare of employees, as well as the appropriate terms and conditions of employment. The respondents contended that certain provisions of the agreement were not in the best interests of the employees and failed to comply with statutory requirements.

The court examined the provisions of the agreement and the arguments presented by both parties. It found that the applicants had not demonstrated that the agreement met the statutory requirements, particularly in relation to the safety provisions. The court held that the agreement did not adequately address the safety and health of employees, which was a fundamental criterion for approval. Consequently, the court dismissed the applicants' appeal and upheld the decision of the Fair Work Commission not to approve the enterprise agreement.

No further orders were made by the court. The decision effectively leaves the applicants to revise the agreement and resubmit it for consideration, ensuring it meets all statutory requirements.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established