DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/415)

THE TRUSTEE FOR ADAMS FAMILY TRUST T/A BILL ADAMS TILING AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2016

Application for approval of the Trustee for Adams Family Trust T/A Bill Adams Tiling and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for Adams Family Trust T/A Bill Adams Tiling 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 2 March 2016 and, in accordance with s.54, will operate from 9 March 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Trustee for the Adams Family Trust trading as Bill Adams Tiling. The matter before the court was an application for the approval of the CFMEU Union Collective Agreement 2015-2019. The applicant sought a determination under section 234 of the Fair Work Act 2009, to have the agreement recognised as a registered agreement. The respondent opposed the application, arguing that the agreement did not comply with the formal requirements of the Fair Work Act.

The central legal issue for the court was whether the collective agreement met the criteria for approval under section 234 of the Fair Work Act. This involved examining whether the agreement was in writing, contained the terms and conditions of employment, and was signed by authorised representatives of the union and the employer. Additionally, the court had to consider whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the Fair Work Regulations.

The court found that the collective agreement was properly executed and met all the statutory requirements. The agreement was in writing, contained the terms and conditions of employment, and was signed by the authorised representatives of both parties. The court noted that there was no evidence to suggest that the agreement was not made in good faith. Furthermore, the procedural requirements, including the provision of the agreement to employees and the opportunity for consultation, were satisfied. Consequently, the court approved the agreement, finding that it complied with the necessary legislative provisions.

The court ordered that the CFMEU Union Collective Agreement 2015-2019 be approved and registered under section 234 of the Fair Work Act. This decision ensured that the agreement would have legal effect and govern the employment conditions of the employees covered by the agreement.

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