DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/8069)

SEAHAVEN UNIT TRUST (THE TRUSTEE FOR) T/AS SEAHAVEN SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the Seahaven Unit Trust (The Trustee for) T/As Seahaven Services and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Seahaven Unit Trust (The Trustee for) T/As Seahaven Services and the CFMEU (Victorian Construction and General Division) Demolition 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 January 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

The parties involved in this case are the Seahaven Unit Trust (The Trustee for) T/As Seahaven Services and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The nature of the dispute is the application for approval of the Seahaven Services and the CFMEU Demolition Enterprise Agreement 2016-2018. The court involved is the Fair Work Commission.

The legal issues that the court was required to decide were whether the agreement met the requirements of the Fair Work Act 2009, including whether it contained the minimum terms and conditions as prescribed by the Act, and whether the agreement was made in good faith and without coercion. The court also had to consider whether the agreement was likely to achieve improved productivity, flexibility, and efficiency in the workplace.

The court's reasoning and outcome were based on a detailed analysis of the agreement and the evidence presented by both parties. The court found that the agreement met the requirements of the Fair Work Act 2009 and was made in good faith and without coercion. The court also found that the agreement was likely to achieve improved productivity, flexibility, and efficiency in the workplace. Therefore, the court approved the agreement, and it will now be legally binding on both parties for the period of 2016 to 2018.

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