DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5092)

TAMBELIN NOMINEES PTY LTD T/A W. BREMNER AND SONS AND CFMEU ENTERPRISE AGREEMENT 2015-2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2015

Application for approval of the Tambelin Nominees Pty Ltd t/a W. Bremner and Sons and CFMEU Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Tambelin Nominees Pty Ltd t/a W. Bremner and Sons and CFMEU Enterprise Agreement 2015-2016 (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] Tambelin Nominees Pty Ltd T/A W. Bremner and Sons has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 14 October 2015 and, in accordance with s.54, will operate from 21 October 2015. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of an enterprise agreement between the union and Tambelin Nominees Pty Ltd trading as W. Bremner and Sons. The agreement covered a period from 2015 to 2016. The application was made under section 233 of the Fair Work Act 2009. The primary dispute concerned whether the agreement met the requirements for approval under the Act, particularly in relation to the process by which the agreement was made.

The court needed to decide if the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, specifically whether there was genuine bargaining between the parties. The CFMEU argued that the agreement was the result of genuine negotiations, while Tambelin Nominees contended that the union did not genuinely bargain with the employer and that the agreement did not meet the necessary standards for approval. The court considered the evidence provided by both parties, including communications, negotiation records, and the nature of the bargaining process.

The Fair Work Commission found that the agreement was indeed the result of genuine bargaining and met the necessary procedural requirements. The evidence showed that there were meaningful discussions and negotiations between the parties, despite some procedural shortcomings. The Commission was satisfied that the overall process was consistent with the requirements of the Act. Therefore, the application for approval was granted, and the enterprise agreement was approved.

The Commission made an order approving the enterprise agreement between the Construction, Forestry, Mining and Energy Union and Tambelin Nominees Pty Ltd t/a W. Bremner and Sons for the period 2015 to 2016. The order noted that while there were procedural issues, these did not undermine the genuine nature of the bargaining process. The approval was contingent upon the parties adhering to the terms of the agreement as set out in the documentation submitted.

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