DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3979)

WOOD FAMILY TRADING TRUST T/AS WOOD SHOP FITTINGS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2015

Application for approval of the Wood Family Trust T/As Wood Shop Fittings 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 WOOD FAMILY TRUST T/As WOOD SHOP FITTINGS 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] The Agreement was approved on 30 July 2015 and, in accordance with s.54, will operate from 6 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

In the case concerning the application for approval of the Wood Family Trust T/As Wood Shop Fittings and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015, the Fair Work Commission (FWC) was called upon to determine the validity and fairness of the enterprise agreement. The dispute centred on the procedural fairness and merits of the agreement, which was proposed to cover employees of the Wood Family Trust. The Commission had to evaluate whether the agreement was genuinely negotiated and if it met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement had been fairly and genuinely negotiated, as required by section 228 of the Act, and if it complied with the provisions outlined in Part 3-2 of the Act. A key point of contention was the process through which the agreement was developed and whether it was free from any undue influence or coercion. The Commission needed to assess if the agreement adequately provided for the employees' rights and obligations, and if it was fair and reasonable in all its terms.

The FWC examined the evidence provided by both parties, including the negotiation process and the content of the agreement. It considered the submissions from the applicant, the CFMEU, and the responses from the objectors. The Commission found that the agreement was genuinely negotiated and contained provisions that were fair and reasonable for the employees. It concluded that the applicant had met the statutory requirements for approval, and no significant issues of procedural unfairness or substantive inadequacy were present. Consequently, the FWC approved the enterprise agreement.

The Fair Work Commission granted approval for the Wood Family Trust T/As Wood Shop Fittings and the CFMEU Building and Construction Industry Enterprise Agreement 2015, finding it to be genuinely negotiated and compliant with the Fair Work Act 2009. The Commission's decision was based on the comprehensive evaluation of the negotiation process and the fairness of the agreement's provisions.

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