DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3619)

BELLA UNIT TRUST (THE TRUSTEE FOR) T/AS EIRE GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 26 JUNE 2015

Application for approval of the Bella Unit Trust (The Trustee for) T/As Eire Group Pty Ltd 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 Bella Unit Trust (The Trustee for) T/As Eire Group Pty Ltd 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 CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 3 July 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 this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Bella Unit Trust (The Trustee for) T/As Eire Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute was brought before the Fair Work Commission. The primary issue before the court was whether the terms of the enterprise agreement complied with the Fair Work Act 2009, particularly in relation to the provisions that address the employment conditions for employees of the Bella Unit Trust. This involved assessing the fairness of the agreement, whether it met the minimum standards set by the Act, and if it provided for the proper negotiation process.

The Fair Work Commission carefully considered the arguments presented by both parties. The CFMEU argued that the agreement was fair and represented the best interests of the employees, while the Bella Unit Trust contended that certain provisions were overly restrictive and did not align with the operational needs of the business. The court examined the negotiation process, the content of the agreement, and its impact on the employees and the employer. It also took into account the broader implications for the industry and the necessity to balance the rights of employees with the legitimate business interests of the employer.

After thorough deliberation, the Fair Work Commission determined that the enterprise agreement was fair and met the legal requirements under the Fair Work Act 2009. The court found that the agreement was negotiated in good faith and provided adequate protections for the employees. The provisions were considered reasonable and necessary to maintain a fair and efficient workplace. The court approved the Bella Unit Trust (The Trustee for) T/As Eire Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015, subject to the terms and conditions outlined in the agreement.

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