DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4600)

TREJO, LUIS RODRIGO T/AS MR LUIS R TREJO (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 AUGUST 2015

Application for approval of the Trejo, Luis Rodrigo T/A Mr Luis R Trejo (“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 TREJO, LUIS RODRIGO T/As MR LUIS R TREJO (“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 Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 August 2015 and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for approval of the Trejo, Luis Rodrigo T/A Mr Luis R Trejo (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Fair Work Commission (FWC) was asked to determine whether the agreement met the requirements of the Fair Work Act 2009 (Cth). The primary dispute centred on whether the agreement complied with the procedural and substantive requirements of the Act, specifically whether it had been fairly and genuinely negotiated and whether it provided for fair and reasonable terms and conditions.

The FWC considered whether the agreement had been fairly and genuinely negotiated in accordance with the Act, assessing the conduct of the parties and the process by which the agreement was formed. The FWC also examined whether the agreement provided for fair and reasonable terms and conditions, considering the balance of rights and obligations, the nature of the industry, and the interests of the parties involved. Additionally, the FWC had to ensure that the agreement did not discriminate against any class of employees or employers and that it complied with the relevant national employment standards.

The FWC determined that the agreement had been fairly and genuinely negotiated, noting the evidence of good faith bargaining and the absence of any undue influence or coercion. The FWC found that the terms and conditions of the agreement were fair and reasonable, providing a balanced approach to the rights and obligations of both parties. The FWC also confirmed that the agreement did not discriminate against any class of employees or employers and that it complied with the relevant national employment standards. Therefore, the FWC approved the agreement.

The FWC ordered that the agreement be approved and registered, effective from the date of the decision. The agreement was to be binding on the Company and the CFMEU, as well as on all employees and employers covered by the agreement. The decision was made under section 233 of the Fair Work Act 2009 (Cth).

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