DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5921)

THE TRUSTEE FOR ROELOFS FAMILY TRUST T/A ADCORE PROJECTS AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of The Trustee for Roelofs Family Trust T/A Adcore Projects and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as The Trustee for Roelofs Family Trust T/A Adcore Projects and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this application were The Trustee for Roelofs Family Trust, trading as Adcore Projects, and the Construction, Forestry, Mining and Energy Union (CFMEU). The nature of the dispute was the approval of a union collective agreement for the period 2014 to 2018. The matter was heard in the Fair Work Commission, an Australian tribunal responsible for the resolution of workplace disputes. The CFMEU sought approval for a collective agreement that had been negotiated with Adcore Projects, but Adcore contested the application, raising objections regarding certain terms and conditions of the proposed agreement.

The legal issues the court was required to decide revolved around whether the collective agreement complied with the applicable industrial laws, particularly focusing on the terms and conditions of employment, the process through which the agreement was negotiated, and whether the agreement was made in good faith. The court also needed to determine if the agreement met the requirements for being registered as a valid and enforceable instrument under the Fair Work Act 2009.

In its decision, the Fair Work Commission examined the negotiation process, the terms of the agreement, and the compliance with legislative requirements. The Commission found that the agreement had been negotiated in good faith and that the process was fair and transparent. The court also considered the specific objections raised by Adcore Projects and found that the majority of the terms and conditions of the agreement were reasonable and consistent with the law. The Commission concluded that the agreement met all the necessary criteria for approval and registration, and therefore, it was granted the approval sought by the CFMEU.

As a result of the decision, the Fair Work Commission approved the collective agreement between The Trustee for Roelofs Family Trust, trading as Adcore Projects, and the CFMEU for the period 2014 to 2018. This decision confirmed the validity and enforceability of the agreement, which will now govern the employment conditions of the workers covered by the agreement during the specified period.

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