DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/182)

THE TRUSTEE FOR JIM & GLEN FAMILY TRUST T/A TASKLAKE JOINERY AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 FEBRUARY 2016

Application for approval of The Trustee for Jim & Glen Family Trust T/A Tasklake Joinery and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Jim & Glen Family Trust T/A Tasklake Joinery 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 5 February 2016 and, in accordance with s.54, will operate from 12 February 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between The Trustee for Jim & Glen Family Trust, trading as Tasklake Joinery, and the Construction, Forestry, Mining and Energy Union (CFMEU). The union sought approval of the agreement, which outlined the terms and conditions of employment for employees of the joinery. The application was heard in the Fair Work Commission.

The primary legal issue before the court was whether the collective agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement. Specifically, the court needed to determine if the agreement had been made in good faith and if it complied with the provisions of the Act, including the 'better off overall test'. The court also needed to consider whether the agreement was consistent with the national system for the resolution of industrial matters.

The Fair Work Commission found that the agreement had been made in good faith and that it complied with the provisions of the Fair Work Act. The Commission was satisfied that the agreement met the 'better off overall test', as it provided for a combination of wages and conditions that were at least as good as, or better than, those provided under the relevant award. The Commission also found that the agreement was consistent with the national system for the resolution of industrial matters. As such, the Commission approved the collective agreement.

The Fair Work Commission approved the collective agreement between The Trustee for Jim & Glen Family Trust, trading as Tasklake Joinery, and the Construction, Forestry, Mining and Energy Union (CFMEU). The Commission found that the agreement had been made in good faith, complied with the Fair Work Act, met the 'better off overall test' and was consistent with the national system for the resolution of industrial matters.

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