DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2027)

MICKOSKI FAMILY TRUST (THE TRUSTEE FOR) T/AS ZACK OF ALL TRADES (ZOAT) PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Mickoski Family Trust (The Trustee for) T/As Zack of All Trades (ZOAT) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Mickoski Family Trust (The Trustee for) T/As Zack of All Trades (ZOAT) Pty Ltd and the CFMEU Plastering 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 11 March 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties involved in this case were the Mickoski Family Trust, trading as Zack of All Trades (ZOAT) Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centered around the approval of the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the enterprise agreement in question complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "simplified procedure" agreement, which allows for a more streamlined approval process. The Mickoski Family Trust argued that the agreement was a simplified procedure agreement, while the CFMEU contended that it did not meet the necessary conditions and required a more rigorous assessment.

In reaching its decision, the Commission examined the nature of the agreement and the parties involved. It found that the agreement contained certain provisions that did not align with the criteria for a simplified procedure agreement. Consequently, the Commission concluded that the agreement did not qualify for the simplified approval process and needed to undergo a more thorough evaluation. The Mickoski Family Trust's application for approval of the enterprise agreement was subsequently dismissed.

The Commission's decision was based on a detailed analysis of the agreement's contents and the legal framework governing enterprise agreements. The Mickoski Family Trust's application for approval of the CFMEU Plastering Industry Enterprise Agreement 2011-2015 was dismissed, and the agreement did not receive the necessary endorsement. The parties involved may need to address the issues identified by the Commission and potentially renegotiate the agreement to meet the requirements of the Fair Work Act 2009.

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