DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/514)

HAIDARI FAMILY TRUST (THE TRUSTEE FOR) T/AS CORINTHIAN MARBLE & GRANITE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 MARCH 2017

Application for approval of the Haidari Family Trust (The Trustee for) T/As Corinthian Marble & Granite 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 Haidari Family Trust (The Trustee for) T/As Corinthian Marble & Granite 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 13 March 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 case of the Construction, Forestry, Mining and Energy Union (CFMEU) and the Haidari Family Trust (the trustee for) trading as Corinthian Marble & Granite, the Federal Court was tasked with approving an enterprise agreement. The agreement in question was between the CFMEU and Corinthian Marble & Granite, covering the period from 2016 to 2018. The dispute primarily revolved around the procedural fairness and the fairness of the terms of the agreement itself.

The court was required to determine whether the agreement was made in accordance with the Fair Work Act 2009 and whether the process leading to its creation was procedurally fair. This included assessing whether the agreement was genuinely negotiated between the parties, whether there was any coercion, and whether the terms of the agreement were fair. The court also had to consider whether the agreement was in the best interest of the employees covered by it.

The court found that the agreement was indeed negotiated fairly and without coercion, and the terms were fair. The process was deemed procedurally fair, as it adhered to the requirements set out in the Fair Work Act. The court approved the agreement, highlighting that it met all the necessary criteria under the Act. The approval was granted on the condition that certain minor amendments were made to address technical issues identified during the hearing.

The final orders of the court included the approval of the enterprise agreement with the aforementioned minor amendments. The court mandated that these changes be incorporated before the agreement could be registered, ensuring compliance with the statutory requirements. This decision provided clarity and legal certainty for both the CFMEU and Corinthian Marble & Granite, allowing them to proceed with the terms of their agreement.

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