DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/98)

STARBUCK FAMILY TRUST (THE TRUSTEE FOR) T/AS STARBUCK EXCAVATION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2018

Application for approval of the Starbuck Family Trust (the Trustee for) T/as Starbuck Excavation 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 Starbuck Family Trust (the Trustee for) T/as Starbuck Excavation 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.

[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 1 February 2018. 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 case involved an application for the approval of the Starbuck Family Trust, trading as Starbuck Excavation Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and employment agreements. The dispute centred on whether the proposed enterprise agreement met the necessary legal requirements and whether it should be approved for implementation.

The legal issues before the court included whether the agreement provided for a fair and reasonable method of determining employees' wages and conditions, and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employer and employees. The agreement was also scrutinised to ensure it met the statutory requirements for the approval of an enterprise agreement, including the need for it to be in writing and to be free from provisions that might be considered to be contrary to public policy.

The Fair Work Commission determined that the enterprise agreement was fair and reasonable, meeting the statutory requirements for approval. The court found that the agreement provided for a just and equitable method of determining employees' wages and conditions, and that it appropriately balanced the interests of both the employer and employees. The Commission noted that the agreement contained provisions that aligned with industry standards and provided for appropriate dispute resolution mechanisms. The court further found that the agreement did not contain any provisions that were contrary to public policy or otherwise unlawful.

The final orders of the court were to approve the Starbuck Family Trust (the Trustee for) T/as Starbuck Excavation Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was thus certified and became a legally binding document governing the employment terms and conditions between the employer and the union. This decision provided certainty for both parties and ensured that the agreement would be implemented in accordance with the Fair Work Act 2009.

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