Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8836)

JAYROSE FAMILY TRUST PTY LTD T/AS DRM EXCAVATIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 SEPTEMBER 2014

Application for approval of the Jayrose Family Trust Pty Ltd T/As DRM Excavations 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 Jayrose Family Trust Pty Ltd T/As DRM Excavations 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 16 September 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Jayrose Family Trust Pty Ltd trading as DRM Excavations Pty Ltd to be covered by the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Trust opposed the application, arguing that it was not eligible for coverage under the enterprise agreement. The dispute centred on the interpretation of relevant provisions within the Fair Work Act 2009 and the application of the enterprise agreement to the Trust. The legal issues before the Commission involved determining whether the Trust was appropriately classified as a small business for the purposes of the enterprise agreement and whether it was subject to the agreement's coverage.

The Commission assessed whether the Trust met the definition of a small business as outlined in the Fair Work Act, taking into account factors such as the number of employees, annual turnover, and the nature of the business operations. The Trust argued that it was a small business and, as such, should not be subject to the enterprise agreement. The Commission examined the evidence provided by the Trust regarding its size and operations, as well as the broader context of the enterprise agreement and its intended coverage. After careful consideration of the arguments and evidence presented, the Commission concluded that the Trust was indeed a small business and was therefore not subject to the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

Accordingly, the Fair Work Commission dismissed the CFMEU's application for approval of the Trust's coverage under the enterprise agreement. The decision was based on the determination that the Trust met the criteria for a small business and was, therefore, exempt from the agreement's provisions. The Commission's ruling provided clarity on the interpretation of the relevant provisions of the Fair Work Act and the scope of the enterprise agreement, affirming that the Trust was not subject to the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established