DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1932)

PETAIA FAMILY TRUST (THE TRUSTEE FOR) T/AS COCONUT STEEL FIXING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 MARCH 2015

Application for approval of the Petaia Family Trust (The Trustee for) T/As Coconut Steel Fixing 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 Petaia Family Trust (The Trustee for) T/As Coconut Steel Fixing 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 9 March 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 matter before the Fair Work Commission involved an application for approval of the Petaia Family Trust as trustee of Coconut Steel Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Construction, Forestry, Mining and Energy Union sought the approval, arguing that the agreement was appropriate for the workers it covered. Coconut Steel Fixing Pty Ltd contested the application, questioning the union's representation of its employees and the fairness of the agreement.

The primary legal issues before the Commission were whether the union had sufficient authorisation from the employees to seek approval of the enterprise agreement and whether the agreement was fair and reasonable in all its terms. The Commission needed to determine if the union had correctly identified the appropriate bargaining unit and if the agreement met the statutory requirements under the Fair Work Act 2009. Additionally, the fairness of the agreement had to be assessed in light of the various provisions and their implications for the employees and the employer.

The Commission concluded that the union had sufficient authorisation from the employees to apply for the approval of the enterprise agreement. It found that the union had correctly identified the bargaining unit and that the agreement was fair and reasonable in all its terms. The Commission emphasised the importance of the agreement in addressing the specific needs of the employees and the employer within the building and construction industry. The Commission was satisfied that the agreement provided for appropriate protections and benefits, ensuring a balanced outcome for both parties.

As a result, the Fair Work Commission approved the application for the enterprise agreement to be binding on the employees and the employer. The decision underscored the importance of fair and reasonable agreements in the workplace and the role of the Commission in ensuring that such agreements meet the necessary standards under 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