DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5056)

W & B FAMILY TRUST (THE TRUSTEE FOR) T/AS INDUSTRIAL WATERPROOFING & PROTECTIVE COATINGS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the W & B Family Trust (the Trustee for) T/As Industrial Waterproofing & Protective Coatings 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 W & B Family Trust (the Trustee for) T/As Industrial Waterproofing & Protective Coatings 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 13 November 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 parties involved in this case were the W & B Family Trust, acting as trustee for Industrial Waterproofing & Protective Coatings, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The case was heard by the Fair Work Commission.

The primary legal issue the court had to address was whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. This involved scrutinising various aspects of the agreement, including its compliance with the Act's provisions and its fairness to the employees involved. The court also had to consider whether the agreement was genuinely negotiated and whether it provided for a fair and efficient workplace.

The Fair Work Commission, in its decision, examined the terms and conditions of the enterprise agreement in detail. It assessed whether the agreement met the statutory requirements for approval and whether it was fair and reasonable for the employees. The Commission took into account various factors, such as the negotiation process, the provisions of the agreement, and the interests of the employees and employers. Ultimately, the Commission found that the agreement was fair and met the necessary requirements for approval.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, deeming it to be fair and reasonable for the employees involved. The Commission's decision recognised the agreement's compliance with the Fair Work Act 2009 and its provision for a fair and efficient workplace.

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