DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1753)

THE TRUSTEE FOR THE WITTSTADT BARRATT FAMILY TRUST T/A GBJ INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 JULY 2016

Application for approval of The Trustee for The Wittstadt Barratt Family Trust T/A GBJ Installations Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for The Wittstadt Barratt Family Trust T/A GBJ Installations Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between The Trustee for The Wittstadt Barratt Family Trust, trading as GBJ Installations Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement, titled CFMEU Union Collective Agreement 2015-2019, was proposed to cover the employees of GBJ Installations Pty Ltd. The dispute centred on whether the agreement complied with the relevant industrial legislation and provided for fair and reasonable terms and conditions of employment.

The primary legal issues the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the legislative requirements under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the best interests of the employees and the employer, and whether it met the statutory criteria for approval.

The Commission began by examining the content of the agreement and its compliance with the Fair Work Act. It assessed the agreement's provisions on wages, hours of work, leave, and other employment conditions. The Commission also considered the bargaining positions of the parties and the extent to which the agreement provided for fair and reasonable outcomes for both employees and the employer. After thorough consideration, the Commission determined that the agreement met the statutory criteria for approval and was in the best interests of both parties. The Commission highlighted the agreement's provisions for wage increases, improved leave entitlements, and other benefits as positive outcomes for the employees. Additionally, the Commission found that the agreement provided for a fair and balanced set of terms and conditions that were reasonable for the employer.

The final orders of the Commission were to approve the CFMEU Union Collective Agreement 2015-2019 as a registered agreement under the Fair Work Act 2009. The agreement was to apply to the employees of GBJ Installations Pty Ltd for the period of 2015 to 2019, providing a framework for fair and reasonable terms and conditions of employment for that duration.

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