DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2855)

TURKUAZ TRUST (THE TRUSTEE FOR) T/AS TURKUAZ PAINTING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 4 JUNE 2015

Application for approval of the Turkuaz Trust (The Trustee for) T/As Turkuaz Painting 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 Turkuaz Trust (The Trustee for) T/As Turkuaz Painting 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 (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 11 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Turkuaz Trust as trustee for Turkuaz Painting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute arose from the process of approving the enterprise agreement and the eligibility of the Turkuaz Trust as a party to the agreement. The Fair Work Commission heard the application.

The key legal issue before the Commission was whether the Turkuaz Trust was eligible to be approved as a party to the enterprise agreement, given the trust's structure and the potential implications for the employees' rights and protections. The Commission also had to consider whether the application process was compliant with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission determined that the Turkuaz Trust was not eligible to be approved as a party to the enterprise agreement due to its structure and the potential for undermining employee rights and protections. The Commission found that the trust was not a genuine entity capable of entering into an enterprise agreement as required by the Fair Work Act. Consequently, the application for approval was dismissed. The Commission also noted that the application process was not entirely compliant with the statutory requirements, leading to the decision that the agreement could not be approved in its current form.

No final orders were made as the application was dismissed outright. The Commission did not proceed to consider the terms of the enterprise agreement itself, given the eligibility issue.

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