DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1510)

THE TRUSTEE FOR VEALE FAMILY VOCATIONAL TRUST T/A VEALSTRUCT PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of The Trustee for Veale Family Vocational Trust T/A Vealstruct 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 Veale Family Vocational Trust T/A Vealstruct 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 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 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with The Trustee for Veale Family Vocational Trust T/A Vealstruct Pty Ltd. The dispute was heard by the Fair Work Commission (FWC). The legal issues before the FWC centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly focusing on the provisions that dealt with the terms and conditions of employment, including wages, hours of work, and other employment-related matters. The CFMEU argued that the agreement was fair and reasonable and reflected the needs of the employees, while the trustee contended that certain provisions were unfair and not in line with industry standards.

The FWC carefully examined the agreement, considering the balance of interests between the employees and the employer. It assessed whether the agreement provided for fair and reasonable terms and conditions, ensuring that it did not unfairly disadvantage either party. The FWC also considered the bargaining power of the parties and whether the agreement was the product of genuine bargaining. Ultimately, the FWC found that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the employer. It concluded that the agreement appropriately reflected the needs of the employees while also being fair to the employer.

In light of its findings, the FWC approved the collective agreement, deeming it to be in compliance with the statutory requirements. This decision ensured that the agreement would be binding on all parties involved, providing a framework for the terms and conditions of employment for the specified period. The approval was granted based on the FWC's determination that the agreement was fair and reasonable, and it met the necessary criteria under the Fair Work Act 2009. The final orders confirmed the approval of the collective agreement, effective from the date of the decision.

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