DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5091)

D’AQUINO FAMILY TRUST T/AS JD STEELFIXING PTY LTD 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 D’Aquino Family Trust T/As JD Steelfixing 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 D’Aquino Family Trust T/As JD Steelfixing 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 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 matter before the court involved an application by the D’Aquino Family Trust, trading as JD Steelfixing Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) to approve an enterprise agreement for the period 2016 to 2018. The application was lodged in the Fair Work Commission, which is responsible for overseeing and approving such agreements under the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the agreement met the requirements of the Fair Work Act, particularly concerning the coverage of the agreement, the representation of the employees, and the fairness of the terms and conditions. The D’Aquino Family Trust and the union argued that the agreement was fair and reasonable, while no other party contested the application.

The Commission examined the evidence presented by both parties, including the details of the agreement, the process of its negotiation, and the representation of the employees. The Commission noted that the agreement had been negotiated in good faith and that the union had an appropriate level of representation among the employees. The terms of the agreement were also considered to be fair and reasonable, taking into account the nature of the industry and the economic circumstances of the time. As a result, the Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act.

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