DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2505)

LOU TOCCI TRADING TRUST T/AS MILLENIUM STEEL ROOFING AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the LOU TOCCI TRADING TRUST T/As MILLENIUM STEEL ROOFING 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 LOU TOCCI TRADING TRUST T/As MILLENIUM STEEL ROOFING 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 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 21 March 2016 and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between the Lou Tocci Trading Trust trading as Millenium Steel Roofing and the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement contained the required minimum terms and conditions, and did not adversely affect employees' existing rights or entitlements.

The central legal issues addressed by the Commission involved the scrutiny of the proposed agreement's compliance with statutory requirements, particularly the minimum terms outlined in the Fair Work Act. This included verifying that the agreement provided for fair and reasonable terms and conditions, and that it did not disadvantage employees in relation to their existing employment rights or entitlements. The Commission also needed to assess whether the agreement was made in good faith and without coercion.

The Fair Work Commission examined the proposed agreement clause by clause, focusing on its alignment with the minimum standards set by the Fair Work Act. The Commission noted that the agreement contained all the necessary minimum terms and conditions, and did not include any provisions that would negatively impact the employees' existing rights. Furthermore, the Commission was satisfied that the agreement was made in good faith and without coercion, and that it met the statutory requirements for approval. Consequently, the Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015 as made between the Lou Tocci Trading Trust trading as Millenium Steel Roofing and the Construction, Forestry, Mining and Energy Union.

The final orders of the Commission included the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015 as made between the Lou Tocci Trading Trust trading as Millenium Steel Roofing and the Construction, Forestry, Mining and Energy Union, effective from the date of the Commission's decision. This decision was made in accordance with the Fair Work Act 2009, ensuring that the agreement provided fair and reasonable terms and conditions for the employees involved, and did not adversely affect their existing rights or entitlements.

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