DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4940)

ATF BELLS FAMILY TRUST T/A SEQ CONSTRUCTION CLEANING AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 SEPTEMBER 2015

Application for approval of the ATF Bells Family Trust t/a SEQ Construction Cleaning and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ATF Bells Family Trust t/a SEQ Construction Cleaning and CFMEU Union Collective Agreement 2015 - 2019 (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 15 September 2015 and, in accordance with s.54, will operate from 22 September 2015. The nominal expiry date of the Agreement is
2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the ATF Bells Family Trust t/a SEQ Construction Cleaning and CFMEU Union Collective Agreement 2015-2019. The Bells Family Trust had entered into a collective agreement with the CFMEU on behalf of its employees. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it should be approved.

The Commission considered the provisions of the Fair Work Act, including the requirements for a fair and efficient bargaining process and the protection of employees' rights. The CFMEU argued that the agreement was the result of genuine and fair bargaining, while the Bells Family Trust contended that certain provisions were unreasonable and should not be approved. The Commission examined the evidence presented by both parties and assessed the reasonableness of the agreement's provisions.

After careful consideration, the Commission found that the agreement was the product of genuine and fair bargaining, and that its provisions were reasonable. The Commission approved the agreement, noting that it provided for fair and efficient terms and conditions for the employees while protecting their rights. The decision was based on the evidence presented and the Commission's assessment of the agreement's provisions.

The Commission approved the ATF Bells Family Trust t/a SEQ Construction Cleaning and CFMEU Union Collective Agreement 2015-2019, finding it to be the result of genuine and fair bargaining and its provisions to be reasonable. The agreement was deemed to meet the requirements of the Fair Work Act and was approved for implementation.

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