DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/8012)

CIVIC CONCRETE TRUST / CFMEU GREENFIELDS AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2017

Application for approval of the Civic Concrete Trust / CFMEU Greenfields Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as the Civic Concrete Trust / CFMEU Greenfields Agreement 2016-2018 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Civic Concrete Trust/CFMEU Greenfields Agreement 2016-2018. The dispute arose from the agreement between the CFMEU and the Civic Concrete Trust, which was an unincorporated trustee of the Civic Greenfields Trust. The application was made to the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issue before the Fair Work Commission was whether the Civic Concrete Trust was an appropriate entity to be a party to an enterprise agreement under the Fair Work Act 2009. Specifically, the court had to determine if the Civic Concrete Trust, as an unincorporated trustee of the Civic Greenfields Trust, was capable of being a party to the agreement. The second issue was whether the agreement met the requirements of the Fair Work Act for approval.

The Fair Work Commission found that the Civic Concrete Trust, as an unincorporated trustee, was indeed an appropriate entity to be a party to the agreement. The court reasoned that the trustee, despite being unincorporated, could act as a legal entity in relation to the trust's property and could therefore enter into agreements. The Commission also found that the agreement satisfied the requirements of the Fair Work Act, including the provision of relevant information to employees and the absence of any provisions that would cause undue hardship to the employer. Consequently, the application for approval was granted.

The Fair Work Commission approved the Civic Concrete Trust/CFMEU Greenfields Agreement 2016-2018, finding that the Civic Concrete Trust was a suitable party to the agreement and that the agreement complied with the requirements of the Fair Work Act. The decision underscored the capacity of trustees of trusts to enter into enterprise agreements and the process for approval under the Fair Work Act.

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