DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2452)

GALENKOV FAMILY TRUST (THE TRUSTEE FOR) T/AS VOLK CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the Galenkov Family Trust (The Trustee For) T/As Volk Constructions and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Galenkov Family Trust (The Trustee For) T/As Volk Constructions and the CFMEU (Victorian Construction and General Division) Plastering 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMU) and Volk Constructions, trading as the Galenkov Family Trust, sought approval of the Plastering Enterprise Agreement 2016-2018. The CFMEU, representing the employees of Volk Constructions, argued that the agreement provided fair and reasonable pay and conditions for the workers, while Volk Constructions contended that certain provisions were not commercially viable and should not be approved.

The legal issues before the Commission included whether the agreement contained terms that were fair and reasonable in all respects, and whether any provisions should be disallowed on the basis of public policy or commercial unworkability. The Commission considered the principles of enterprise bargaining, the need for the agreement to be in good faith and the balance between the parties' interests.

After reviewing the submissions and evidence, the Commission determined that the agreement was fair and reasonable, with only minor modifications required to address concerns about commercial unworkability. The Commission rejected the argument that any provisions were contrary to public policy, finding that they did not undermine the objects of the Fair Work Act. The Commission approved the agreement with minor amendments, ensuring that the balance between the parties' interests was maintained and the employees' rights were protected.

The Fair Work Commission approved the Plastering Enterprise Agreement 2016-2018, with minor modifications to address commercial unworkability concerns. The decision emphasised the importance of good faith bargaining and the need to balance the interests of both employers and employees. The Commission's approval of the agreement provided certainty and stability for the parties involved, and reinforced the role of enterprise agreements in regulating industrial relations in Australia.

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