DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3122)

CURNOW INVESTMENT UNIT TRUST (THE TRUSTEE FOR) T/AS ELEVATOR BUILDING SITE SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2017

Application for approval of the Curnow Investment Unit Trust (The Trustee For) T/As Elevator Building Site Services 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 Curnow Investment Unit Trust (The Trustee For) T/As Elevator Building Site Services 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 16 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by the Elevator Building Site Services for approval of the Curnow Investment Unit Trust, as trustee for the Elevator Building Site Services and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission. The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application needed to be assessed for compliance with the Act, including provisions regarding the agreement's coverage, negotiation process, and its impact on the employees' rights.

The Commission examined the negotiation process and found that the agreement had been made in good faith and involved genuine bargaining. It considered the coverage of the agreement, ensuring it met the criteria for a single enterprise agreement. The court also evaluated the provisions of the agreement to ascertain whether they were consistent with the Act and did not undermine the rights of employees. The Commission found that the agreement was fair and reasonable, covering all aspects of employment within the scope of the enterprise. It was concluded that the agreement met the necessary requirements for approval under the Fair Work Act 2009.

Following the analysis, the Fair Work Commission approved the Curnow Investment Unit Trust, as trustee for the Elevator Building Site Services and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision was made on the basis that the agreement was fairly negotiated, covered the necessary scope, and did not infringe upon the employees' rights. The court issued an approval order for the agreement, allowing it to take effect from the date of the decision.

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