DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4592)

THE EDWARD FAMILY TRUST T/AS S AND J EDWARD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of The Edward Family Trust T/As S and J Edward Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as The Edward Family Trust T/As S and J Edward Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers 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 4 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 this matter, the Construction, Forestry, Mining and Energy Union (CFMEUA) applied to the Fair Work Commission for approval of the Tilelayers Enterprise Agreement 2016-2018 between The Edward Family Trust trading as S and J Edward Pty Ltd and the CFMEUA (Victorian Construction and General Division). The CFMEUA sought an approval order that would deem the agreement to have been approved by the Commission, as well as a certificate of registration that would be issued by the Commission. The dispute arose because the CFMEUA and S and J Edward Pty Ltd had not been able to reach an agreement on the terms of the enterprise agreement, and as such, the CFMEUA was seeking the Commission’s intervention to ensure that the agreement was approved and registered.

The primary legal issue before the Commission was whether the terms of the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions of section 233, which deals with the approval and registration of enterprise agreements. The Commission was required to determine whether the agreement was a genuine enterprise agreement, whether it met the requirements of the Act in terms of the scope and content of the agreement, and whether it provided for a fair and reasonable outcome for all parties involved.

The Commission found that the agreement met all the necessary requirements for approval and registration under the Fair Work Act. The agreement was found to be a genuine enterprise agreement that had been negotiated in good faith between the parties. The terms of the agreement were found to be reasonable and fair, and to provide for a balanced outcome for both the employer and the employees. The Commission also found that the agreement complied with all the relevant provisions of the Act, including those relating to the scope and content of the agreement. As such, the Commission approved the agreement and issued the certificate of registration sought by the CFMEUA.

The final orders of the Commission were that the Tilelayers Enterprise Agreement 2016-2018 between The Edward Family Trust trading as S and J Edward Pty Ltd and the CFMEUA (Victorian Construction and General Division) be approved, and that a certificate of registration be issued by the Commission. The agreement was approved as a genuine enterprise agreement that met all the requirements of the Fair Work Act, and the certificate of registration was issued to enable the agreement to be registered with the relevant authorities.

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