DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6888)

THE TRUSTEE FOR AUDREY FAMILY TRUST T/A THE AUDREY GROUP AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2015

Application for approval of The Trustee for Audrey Family Trust T/A The Audrey Group and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Audrey Family Trust T/A The Audrey Group 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 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Union Collective Agreement 2015-2019 with The Trustee for Audrey Family Trust trading as The Audrey Group. The Audrey Group is a family-owned business operating in the construction industry. The CFMEU is a registered trade union representing workers in the construction, forestry, mining and energy industries. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement was a genuine enterprise agreement within the meaning of section 172 of the Act. In particular, the Commission had to consider whether the agreement was made by an authorised bargaining representative and whether it contained the necessary good faith bargaining provisions. The Audrey Group argued that the agreement did not meet the requirements of the Act as it had not been negotiated in good faith by the CFMEU.

The Commission found that the CFMEU was an authorised bargaining representative and that the agreement contained the necessary good faith bargaining provisions. The Commission also found that the agreement was a genuine enterprise agreement and approved it. In reaching this decision, the Commission considered the evidence and submissions from both parties, including the evidence of the CFMEU's bargaining practices and the nature of the bargaining process. The Commission concluded that the CFMEU had acted in good faith and that the agreement was a genuine enterprise agreement.

The Fair Work Commission approved the Union Collective Agreement 2015-2019 between the CFMEU and The Trustee for Audrey Family Trust trading as The Audrey Group. The agreement will now be registered and will have effect as a registered agreement under the Fair Work Act 2009. The Audrey Group and the CFMEU are now bound by the terms of the agreement, which will 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