DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2243)

RATEL FAMILY TRUST (THE TRUSTEE FOR) T/AS A OK BROTHERS 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 Ratel Family Trust (The Trustee for) T/As A Ok Brothers 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 Ratel Family Trust (The Trustee for) T/As A Ok Brothers 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 before the court involved an application by the Ratel Family Trust (trading as A Ok Brothers Pty Ltd) and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The primary dispute centred on the validity and enforceability of specific clauses within the agreement, particularly those concerning minimum working conditions, wages, and dispute resolution mechanisms.

The legal issues before the court encompassed whether the proposed agreement met the necessary criteria for approval under the Fair Work Act. This included an examination of the agreement's provisions to ensure they complied with the provisions of the Act, particularly those relating to the avoidance of unprotected industrial action and the maintenance of fair and reasonable terms and conditions of employment. The court was also required to assess whether the agreement appropriately balanced the rights and interests of both employers and employees, ensuring it did not unfairly disadvantage either party.

In its reasoning, the court found that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 largely complied with the requirements of the Fair Work Act. The court examined each contested clause and determined that, while some provisions needed minor amendments to ensure full compliance, the overall agreement did not contravene any statutory provisions. The court noted that the agreement had been developed through a process of negotiation between the union and employer representatives and that it provided a fair and reasonable framework for employment relations within the industry. Accordingly, the court approved the agreement subject to the specified amendments.

The final orders of the court were that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved, with the condition that certain clauses be revised to meet the requirements of the Fair Work Act. The court outlined specific changes necessary to ensure compliance and directed the parties to implement these amendments within a specified timeframe. This decision effectively validated the agreement, allowing it to be enforced between the union and employers within the building and construction industry.

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