DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2158)

ALISTAIR CHRISTIE FAMILY TRUST (THE TRUSTEE FOR) T/AS EVOLUTION CONCEPTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the ALISTAIR CHRISTIE FAMILY TRUST (THE TRUSTEE FOR) T/As EVOLUTION CONCEPTS 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 ALISTAIR CHRISTIE FAMILY TRUST (THE TRUSTEE FOR) T/As EVOLUTION CONCEPTS 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 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 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Alistair Christie Family Trust trading as Evolution Concepts Pty Ltd, sought approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Fair Work Commission was the respondent. The matter was heard in the Federal Court of Australia. The applicant sought approval of an enterprise agreement to ensure it was compliant with the relevant legislation and to prevent disputes between the employer and the employees.

The primary legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for good faith bargaining, the protection of employees' rights, and the adherence to procedural fairness. Additionally, the court needed to assess whether the agreement was genuinely negotiated between the parties and whether it contained appropriate provisions for dispute resolution.

The court examined the evidence presented and found that the agreement was negotiated in good faith and met the procedural requirements of the Fair Work Act. The agreement contained provisions for dispute resolution and protected the rights of employees. The court concluded that the agreement complied with the necessary legal standards and granted approval. The decision was made based on the comprehensive analysis of the negotiation process, the content of the agreement, and the adherence to statutory requirements.

The court ordered that the CFMEU Building and Construction Industry Enterprise Agreement 2015 be approved. This decision provided certainty for the parties involved and ensured compliance with the relevant industrial relations legislation.

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