DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4440)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 JULY 2016

Application for approval of the Forsyth Family Trust (The Trustee for) T/As Coatofoam 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 Forsyth Family Trust (The Trustee for) T/As Coatofoam 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 19 July 2016 and, in accordance with s.54, will operate from 26 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Forsyth Family Trust (The Trustee for) trading as Coatofoam Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission. The central legal issue was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was appropriately certified, if it contained all necessary provisions, and if it complied with the good faith bargaining requirements.

The Commission considered whether the agreement was certified by an independent third party and if the bargaining process adhered to the principles of good faith. The Commission also examined if the agreement contained all the mandatory terms and conditions as stipulated by the Act, and if it met the criteria for being a genuinely negotiated agreement. The Commission found that the agreement was certified by a qualified independent person, and the process of bargaining was conducted in good faith. Additionally, the agreement included all the necessary mandatory terms and conditions, and it was determined to be a bona fide negotiated agreement.

Consequently, the Fair Work Commission approved the enterprise agreement between Coatofoam Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The Commission found that the agreement met all statutory requirements for approval, and the process of bargaining was conducted in accordance with the principles of good faith. The agreement was therefore approved, and the terms and conditions set out within it would govern the employment of the relevant employees for the specified period.

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