DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/518)

TREJO, LUIS RODRIGO T/AS LUIS R TREJO 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 Trejo, Luis Rodrigo T/As Mr Luis R Trejo 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 Trejo, Luis Rodrigo T/As Mr Luis R Trejo 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

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the parties involved were the Construction, Forestry, Mining and Energy Union and Mr Luis Rodrigo Trejo, trading as Mr Luis R Trejo. The dispute was centred on the application for approval of the Trejo, Luis Rodrigo T/As Mr Luis R Trejo and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission. The central legal issues that the court needed to address included whether the agreement met the criteria for being a single enterprise agreement under the Fair Work Act 2009, and whether it complied with the procedural requirements for approval as stipulated in the Act.

The court examined the arguments presented by both parties and considered the provisions of the Fair Work Act 2009. It was determined that the agreement did indeed constitute a single enterprise agreement, as it was negotiated between the union and the employer, and it covered all employees of the employer within a single enterprise. The court also found that the agreement satisfied the procedural requirements for approval, including the proper notification and consultation processes, as well as the appropriate representation of the employees. The court ultimately concluded that the agreement was in compliance with the Act and approved the application for its implementation.

The court's decision was based on a thorough analysis of the evidence and arguments presented by the parties, as well as the relevant provisions of the Fair Work Act 2009. The court found that the agreement met the necessary criteria for being a single enterprise agreement and was in compliance with the procedural requirements for approval. The final orders of the court were to approve the Trejo, Luis Rodrigo T/As Mr Luis R Trejo and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, allowing it to be implemented between 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