DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4650)

A & B EL-SAYED FAMILY TRUST (THE TRUSTEE FOR) T/AS B AND A FINISHING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the A & B El-Sayed Family Trust (the Trustee for) T/As B and A Finishing 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 A & B El-Sayed Family Trust (the Trustee for) T/As B and A Finishing 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 28 July 2016 and, in accordance with s.54, will operate from 4 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by the A & B El-Sayed Family Trust, acting as trustee for B and A Finishing Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) regarding the approval of their enterprise agreement for the years 2016 to 2018. The application was heard in the Fair Work Commission, with the primary focus being on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the Fair Work (Registered Organisations) Act 2009, and whether it included the minimum entitlements specified by the Fair Work Act. Furthermore, the Commission needed to ensure that the agreement did not unfairly discriminate against employees and that it had been fairly negotiated.

In deliberating on the matter, the Commission examined the provisions of the agreement, assessing them against the statutory criteria set out in the Fair Work Act. The Commission found that the proposed agreement did indeed provide for fair and reasonable terms and conditions of employment and included all the necessary minimum entitlements. It also concluded that the agreement did not unfairly discriminate against any group of employees and had been fairly negotiated between the parties. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the relevant legislative standards.

The Fair Work Commission approved the enterprise agreement between the A & B El-Sayed Family Trust and the CFMEU, effective from 1 July 2016 to 30 June 2018. This decision confirmed the agreement's alignment with the Fair Work Act and its compliance with all statutory requirements, ensuring that the terms and conditions of employment were fair and reasonable for the employees involved.

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