DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4661)

DOUGLAS FAMILY TRUST (THE TRUSTEE FOR) T/AS ARCWELD AND MDP ONSITE WELDERS GROUP (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2015

Application for approval of the DOUGLAS FAMILY TRUST (THE TRUSTEE FOR) T/As ARCWELD AND MDP ONSITE WELDERS GROUP (“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 DOUGLAS FAMILY TRUST (THE TRUSTEE FOR) T/As ARCWELD AND MDP ONSITE WELDERS GROUP (“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 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Douglas Family Trust, trading as Arcweld and MDP Onsite Welders Group (the Company). The dispute centred on the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015, specifically whether the agreement should be extended to cover employees of the Company. The matter was heard in the Fair Work Commission, Australia’s independent workplace relations tribunal.

The primary legal issue the Court had to address was whether the enterprise agreement, which was initially negotiated and entered into by other employers in the building and construction industry, could be extended to cover the Company's employees. This involved examining the criteria for extension set out in the Fair Work Act 2009 and determining whether these criteria had been satisfied. Specifically, the Court needed to assess if the agreement met the requirements for coverage of additional employees, including whether the Company's employees were appropriately represented by the CFMEU and if the agreement provided fair and reasonable terms and conditions.

The Full Bench found that the criteria for the extension of the enterprise agreement were met. The Court reasoned that the CFMEU had sufficient representation among the Company's employees, and the agreement provided fair and reasonable terms, consistent with the principles of the Fair Work Act. The decision highlighted the importance of ensuring fair representation and equitable terms for employees within the scope of the enterprise agreement. Consequently, the Court approved the extension of the CFMEU Building and Construction Industry Enterprise Agreement 2015 to include the employees of the Company.

As a result of the decision, the CFMEU Building and Construction Industry Enterprise Agreement 2015 was extended to cover the employees of the Douglas Family Trust, trading as Arcweld and MDP Onsite Welders Group, effective from the date of the Court's approval. The extension aimed to provide these employees with the same terms and conditions as those covered by the original agreement, ensuring consistency and fairness within the industry.

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