DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6782)

MALLINDER FAMILY TRUST (THE TRUSTEE FOR) T/AS PILE BREAKERS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the MALLINDER FAMILY TRUST (THE TRUSTEE FOR) T/As PILE BREAKERS 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 MALLINDER FAMILY TRUST (THE TRUSTEE FOR) T/As PILE BREAKERS 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 2 December 2015 and, in accordance with s.54, will operate from 9 December 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015 by the Mallinder Family Trust, trading as Pile Breakers Pty Ltd. The dispute was heard in the Fair Work Commission, with the CFMEU contesting the application. The nature of the dispute centred around the terms and conditions set out in the proposed enterprise agreement, specifically whether these terms complied with the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the proposed agreement was a genuine enterprise agreement, whether it met the criteria for approval under the Fair Work Act, and whether it complied with the provisions concerning procedural fairness and the protection of employees' rights. The court had to determine if the agreement provided for fair and efficient workplace relations, as well as ensuring that the process for reaching the agreement was fair and transparent.

In reaching its decision, the court examined the procedures followed in the negotiation and drafting of the agreement, the level of employee and employer representation, and the fairness of the terms to both parties. The court also considered the impact of the agreement on the employees and the broader industry. After thorough consideration, the court found that the proposed agreement met all the necessary legal criteria. The agreement was found to be fair and balanced, providing for effective workplace relations while protecting the rights of employees. As such, the court approved the CFMEU Building and Construction Industry Enterprise Agreement 2015.

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