DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7427)

MOORE FAMILY TRUST (THE TRUSTEE FOR) T/AS TREDDMOR CONSTRUCTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 DECEMBER 2015

Application for approval of the MOORE FAMILY TRUST (THE TRUSTEE FOR) T/As TREDDMOR CONSTRUCTIONS 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 MOORE FAMILY TRUST (THE TRUSTEE FOR) T/As TREDDMOR CONSTRUCTIONS 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 4 December 2015 and, in accordance with s.54, will operate from 11 December 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and the Moore Family Trust, trading as Treddmor Constructions Pty Ltd, with the CFMEU seeking approval for the CFMEU Building and Construction Industry Enterprise Agreement 2015. The application was heard in the Fair Work Commission (FWC). The primary dispute centred around whether the proposed enterprise agreement was suitable for approval under the Fair Work Act 2009. The issues before the Commission included whether the agreement met the "better off overall test" and whether it adhered to the relevant provisions of the Act.

The Fair Work Commission assessed the agreement by examining its provisions against the statutory criteria set out in the Fair Work Act. The Commission considered the "better off overall test," which required the agreement to provide employees with outcomes that were no worse than, and at least some improvement over, their existing conditions. The Commission also evaluated whether the agreement complied with the good faith bargaining requirements and whether it contained any provisions that would be contrary to public policy or undermine the operation of the Act. Ultimately, the Commission found that the agreement met the necessary criteria and did not contravene any statutory provisions.

After thorough analysis, the Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Commission concluded that the agreement provided for a fair and reasonable set of conditions for employees, meeting the better off overall test and adhering to the requirements of the Fair Work Act. The Commission's decision was based on the comprehensive review of the agreement's provisions and the evidence presented by both parties. The final orders included the approval of the enterprise agreement, which would now apply to the employees of Treddmor Constructions Pty Ltd.

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