DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7636)

BEZERRA FAMILY TRUST (THE TRUSTEE FOR) T/AS DELLERMAY PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 JANUARY 2016

Application for approval of the BEZERRA FAMILY TRUST (THE TRUSTEE FOR) T/As DELLERMAY PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the BEZERRA FAMILY TRUST (THE TRUSTEE FOR) T/As DELLERMAY PTY LTD and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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 4 January 2016 and, in accordance with s.54, will operate from 11 January 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of the Delermay Pty Ltd Enterprise Agreement under the Fair Work Act 2009. The applicant, the Bezerria Family Trust, acting as trustee for Delermay Pty Ltd, sought to have the agreement approved by the Fair Work Commission. The Construction, Forestry, Mining and Energy Union (CFMEU) contested the application on various grounds, arguing that the agreement did not meet the statutory requirements for approval. The case was heard by the Fair Work Commission, presided over by Commissioner J. M. Gilmour.

The primary legal issues the Commission needed to address were whether the agreement was genuinely an enterprise agreement, whether it complied with the statutory requirements set out in the Fair Work Act, and whether the application for approval was made in accordance with the relevant provisions. The Commission had to consider the nature of the agreement, the process by which it was negotiated, the scope of the agreement, and whether it provided for the appropriate minimum entitlements. Additionally, the Commission needed to determine whether the agreement was consistent with the objectives of the Fair Work Act, which include promoting high levels of employment, productivity, and economic performance.

Commissioner Gilmour examined the evidence and arguments presented by both parties and concluded that the agreement was genuinely an enterprise agreement that had been negotiated in good faith. The Commission found that the agreement complied with all statutory requirements and provided for the appropriate minimum entitlements. The Commission was satisfied that the application for approval was made in accordance with the relevant provisions of the Fair Work Act. Consequently, the application for approval of the Delermay Pty Ltd Enterprise Agreement was approved.

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