DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2807)

CANNARD HICKS UNIT TRUST (THE TRUSTEE FOR) T/AS CANNARD HICKS CARPENTRY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 JULY 2017

Application for approval of the Cannard Hicks Unit Trust (The Trustee for) T/As Cannard Hicks Carpentry 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 Cannard Hicks Unit Trust (The Trustee for) T/As Cannard Hicks Carpentry 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 31 July 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 case involved an application for the approval of an enterprise agreement between the Cannard Hicks Unit Trust and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, Australia's national workplace relations tribunal. The Cannard Hicks Unit Trust, acting through its trustee, sought the Commission's approval of the agreement, which was intended to govern the employment conditions of its workers. The CFMEU contested certain provisions of the agreement, arguing they were not in the best interests of the employees.

The primary legal issues before the Commission were whether the provisions of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, including remuneration and other employment conditions, and whether it complied with the procedural requirements for bargaining and approval. The Commission had to determine if the agreement was genuinely negotiated and if it provided for the resolution of disputes in a fair and efficient manner.

The Commission concluded that the agreement, while containing some provisions that were not in the best interests of the employees, met the majority of the statutory requirements for approval. The Commission found that the parties had genuinely negotiated the agreement and that it provided for fair and reasonable terms and conditions for most of the employees. The Commission also noted that the agreement included provisions for the resolution of disputes, which were deemed to be fair and efficient. Consequently, the Commission approved the agreement with some modifications to ensure it better met the interests of the employees.

The Fair Work Commission approved the enterprise agreement with certain modifications. These modifications were aimed at ensuring that the agreement better met the interests of the employees, particularly in relation to the provisions contested by the CFMEU. The modified agreement was then to be implemented as the governing document for the employment conditions of the workers.

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