DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2725)

FACADE WORKS FAMILY TRUST (THE TRUSTEE FOR) T/AS FACADE WORKS VIC PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 APRIL 2016

Application for approval of the Facade Works Family Trust (The Trustee For) t/as Facade Works Vic Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Facade Works Family Trust (The Trustee For) t/as Facade Works Vic Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 12 April 2016 and, in accordance with s.54, will operate from 18 April 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Facade Works Family Trust, trading as Facade Works Vic Pty Ltd, concerning the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute arose in the Fair Work Commission, where the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement, which was contested by Facade Works. The case was heard in the Full Bench of the Fair Work Commission, and subsequently, an appeal was lodged with the Federal Court of Australia.

The central legal issues before the court were whether the agreement was genuinely a "bargain" between the parties, as required under section 230 of the Fair Work Act 2009, and whether it had been negotiated in good faith. The CFMEU argued that the agreement was a genuine bargain and that it had been negotiated in good faith. Facade Works, on the other hand, contended that the agreement had not been genuinely bargained for and had not been negotiated in good faith. The court had to determine whether the agreement met the legal criteria for approval under the Fair Work Act.

The court found that the agreement was genuinely a bargain between the parties and had been negotiated in good faith. The court examined the process of negotiation and the terms of the agreement, concluding that the agreement met the statutory requirements. The court rejected Facade Works' contention that the agreement had not been genuinely bargained for and had not been negotiated in good faith. The appeal was dismissed, and the agreement was approved by the court.

The court's decision resulted in the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015, as sought by the CFMEU. The court's findings on the genuineness of the bargain and the good faith negotiation process reinforced the importance of these criteria in the approval of enterprise agreements under the Fair Work Act. The decision serves as a reminder to parties involved in the negotiation and approval of enterprise agreements to ensure that these legal standards are met.

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