DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5570)

M & L MASCARO FAMILY TRUST NO 1 (THE TRUSTEE FOR) T/AS PROSKILL CONCRETE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 NOVEMBER 2017

Application for approval of the M & L Mascaro Family Trust No 1 (The Trustee For) T/As Proskill Concrete Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the M & L Mascaro Family Trust No 1 (The Trustee For) T/As Proskill Concrete Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the M & L Mascaro Family Trust No 1 (trading as Proskill Concrete Constructions Pty Ltd) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the approval of their enterprise agreement for the period 2016 to 2018. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act, including provisions regarding the scope of the agreement, the inclusion of minimum terms and conditions, and whether the agreement had been made in good faith and without coercion. The Commission also needed to consider whether the agreement provided for the proper operation of the business and whether it addressed the needs of the employees in a fair and reasonable manner.

In its decision, the Commission found that the agreement complied with the statutory requirements. The Commission determined that the agreement appropriately defined the scope of its coverage, included all necessary minimum terms and conditions, and was made without any evidence of coercion. The Commission further concluded that the agreement provided for the proper operation of the business and addressed the needs of the employees fairly and reasonably. The Commission was satisfied that the agreement met all necessary criteria for approval and granted the application for approval of the enterprise agreement. The Commission noted that this decision was final and binding, subject to any appeal to the Federal Court of Australia.

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