DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5650)

JOHN PETRAKIS FAMILY TRUST T/AS RENPATCH PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2015

Application for approval of the JOHN PETRAKIS FAMILY TRUST T/As RENPATCH PTY LTD (“Company”) 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 JOHN PETRAKIS FAMILY TRUST T/As RENPATCH PTY LTD (“Company”) 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 the 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 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEUA), sought approval for the CFMEU Building and Construction Industry Enterprise Agreement 2015 in relation to certain employees of the John Petrakis Family Trust trading as Renpatch Pty Ltd. The application was heard in the Fair Work Commission, with the Honourable Commissioner Lisa Griffin presiding. The dispute centred around whether the agreement was suitable for approval under the Fair Work Act 2009, particularly whether it met the "better off overall test" and did not contain any terms that were contrary to public policy.

The legal issues that the Commission was required to determine included whether the proposed agreement provided for employees who were better off overall, taking into account both financial and non-financial terms and conditions, and whether any terms in the agreement contravened public policy or were otherwise unenforceable. The Commission also had to consider whether the agreement had been genuinely agreed upon by the parties and if the application met the requirements of the Fair Work Act.

The Commission found that the agreement provided for employees who were better off overall, as it contained a mix of financial and non-financial benefits that outweighed any detriments. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy, and that it had been genuinely agreed upon by the parties. Accordingly, the application for approval was granted, and the CFMEU Building and Construction Industry Enterprise Agreement 2015 was approved as a registered agreement.

The final orders of the Commission were that the CFMEU Building and Construction Industry Enterprise Agreement 2015, as modified by the Commission, be registered as a registered agreement under section 178 of the Fair Work Act. The agreement was to be registered from the date of the decision and would remain in force until it was terminated or expired in accordance with its terms or the Act.

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