DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1744)

NEWMAN FAMILY TRUST (THE TRUSTEE FOR) T/AS NPR CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2017

Application for approval of the Newman Family Trust (The Trustee For) T/As NPR Constructions 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 Newman Family Trust (The Trustee For) T/As NPR Constructions 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 5 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Newman Family Trust trading as NPR Constructions Pty Ltd 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 (FWC), Australia’s independent workplace relations tribunal. The central dispute arose from the negotiation and subsequent application for approval of the enterprise agreement between the employer and the union, which was to govern employment conditions for a specified period. The application for approval was contested by the union, which raised concerns over certain provisions within the agreement.

The legal issues before the FWC included whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding the inclusion of certain terms and conditions that might be seen as unfair or contrary to public policy. The union argued that some provisions of the agreement were not genuinely bargained, were unfair, and did not meet the requirements for being a "better off overall test." The FWC was tasked with determining if the agreement was fair and reasonable, and if it met the legislative criteria for approval.

The FWC examined the submissions from both parties and considered the principles of fairness and genuine bargaining in workplace agreements. It assessed whether the agreement provided for fair terms and conditions of employment and if it complied with the better off overall test. After a detailed analysis, the FWC found that the majority of the agreement was fair and reasonable, with only minor amendments required to address the union's concerns. The tribunal approved the enterprise agreement with those amendments, ensuring it met all legislative requirements for fairness and genuine negotiation.

The final orders of the FWC included the approval of the enterprise agreement with certain specified amendments, ensuring compliance with the Fair Work Act. These amendments were necessary to address the union’s concerns about fairness and genuine bargaining. The decision was made in the interest of maintaining a fair and balanced relationship between the employer and the employees represented by the union.

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