DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3680)

SK FAMILY TRUST (THE TRUSTEE FOR) T/AS SK BUILDING CONSTRUCTION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the SK Family Trust (The Trustee For) T/As SK Building Construction 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 SK Family Trust (The Trustee For) T/As SK Building Construction 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 1 July 2016 and, in accordance with s.54, will operate from 8 July 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

The Construction, Forestry, Mining and Energy Union (CFMU) applied to the Fair Work Commission (FWC) for approval of the SK Family Trust (the trustee for) trading as SK Building Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The respondent, the employer, did not oppose the application. The primary issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009 for it to be approved. In particular, the FWC needed to be satisfied that the agreement was in the public interest and met the requirements of the "better off overall test" (BOOT). The FWC found that the agreement met the requirements of the Fair Work Act 2009 and approved the agreement. The FWC found that the agreement was in the public interest, was made in good faith and met the requirements of the BOOT. The FWC also found that the agreement was not likely to have an adverse effect on the national economy or on the productivity, efficiency or competitiveness of the employer. The FWC approved the agreement on the basis that it met the requirements of the Fair Work Act 2009. The FWC made an order approving the SK Family Trust (the trustee for) trading as SK Building Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

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