DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2251)

P CARDILLO FAMILY TRUST T/AS AC GROUP PROPERTY SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 31 MARCH 2015

Application for approval of the P Cardillo Family Trust T/As AC Group Property Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the P Cardillo Family Trust T/As AC Group Property Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 7 April 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Construction, Forestry, Mining and Energy Union involved an application for approval of the P Cardillo Family Trust trading as AC Group Property Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the approval of the enterprise agreement between the trade union and the employer. The matter was heard by the Fair Work Commission, an Australian statutory body with the authority to regulate employment agreements and industrial relations matters.

The central legal issues before the court were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the union had the requisite authority to enter into the agreement on behalf of its members. Specifically, the court had to examine if the agreement adhered to the statutory requirements for enterprise agreements, including provisions on minimum entitlements, bargaining processes, and member consultation. Additionally, the court needed to determine if the union had correctly followed its internal procedures in negotiating and approving the agreement.

The Fair Work Commission carefully reviewed the enterprise agreement and the processes followed by the union. It assessed whether the agreement met all legal standards and whether the union had properly exercised its authority. After thorough examination, the court found that the agreement was largely compliant with the Fair Work Act and that the union had correctly followed its internal procedures. Consequently, the court approved the enterprise agreement, recognising its validity and enforceability in accordance with the statutory framework.

The court's final orders confirmed the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, thereby allowing it to take effect and be binding on the parties involved. The decision underscored the importance of adherence to legal standards and proper procedural compliance in enterprise agreements, providing clarity and resolution to the dispute.

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