DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2381)

GROUSE FAMILY TRUST (THE TRUSTEE FOR) T/AS GROUSE TURF ENTERPRISES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JUNE 2017

Application for approval of the Grouse Family Trust (The Trustee For) T/As Grouse Turf Enterprises 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 Grouse Family Trust (The Trustee For) T/As Grouse Turf Enterprises 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 7 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 approval of the Grouse Family Trust, trading as Grouse Turf Enterprises Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Act that ensure fairness to employees. The Commission had to consider whether the agreement met the "better off overall test," which requires that employees are not worse off than they would be under the applicable award or safety net.

The Fair Work Commission found that the agreement met the requirements of the Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and that it complied with the "better off overall test." The Commission also found that the agreement contained provisions that ensured fairness to employees, including provisions for dispute resolution and the protection of employee rights.

The Fair Work Commission approved the Grouse Family Trust and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, which will now be in effect for the duration of the agreement. The agreement provides for the terms and conditions of employment for employees of Grouse Turf Enterprises Pty Ltd, and sets out the rights and obligations of the parties.

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