DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2933)

T & D LEACH FAMILY TRUST (THE TRUSTEE FOR) T/AS TPL CONSTRUCTION & CARPENTRY SERVICES AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 JUNE 2015

Application for approval of the T & D Leach Family Trust (The Trustee for) T/As TPL Construction & Carpentry Services 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 T & D Leach Family Trust (The Trustee for) T/As TPL Construction & Carpentry Services 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 (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 19 June 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a specific enterprise agreement under the Fair Work Act 2009. The applicant sought approval for the T & D Leach Family Trust, trading as TPL Construction & Carpentry Services, and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Fair Work Commission was the tribunal tasked with deciding the application. The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for registration under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the public interest and if it complied with the procedural requirements stipulated by the Act.

The Commission undertook a detailed examination of the agreement to ascertain if it adhered to the legislative standards. The Court noted that the agreement was comprehensive and covered various aspects of employment conditions, including wages, hours of work, and other terms and conditions. It was important to ensure that the agreement did not undermine the integrity of the industrial relations system and that it facilitated a fair and efficient workplace. The Commission also evaluated if the agreement appropriately balanced the rights and interests of both employers and employees. Ultimately, the Court found that the agreement did meet the legislative requirements and was in the public interest. The procedural requirements were also satisfactorily met, leading to the approval of the agreement.

In light of the findings, the Fair Work Commission approved the application for the T & D Leach Family Trust, trading as TPL Construction & Carpentry Services, and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The agreement was registered under the Fair Work Act 2009, thereby becoming a legally binding contract between the parties involved. The Court emphasised the importance of such agreements in promoting fair and efficient workplaces, and it highlighted the need for continued compliance with the Act.

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