DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7380)

LYDDY FAMILY TRUST T/AS EVOLUTION CONCRETE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building services
COMMISSIONER GREGORY	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Lyddy Family Trust T/As Evolution Concrete Services 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 Lyddy Family Trust T/As Evolution Concrete Services 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 14 December 2016. 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 matter before the court involved an application by the Lyddy Family Trust trading as Evolution Concrete Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the approval of the Enterprise Agreement 2016 - 2018. The Fair Work Commission was the tribunal that heard the application. The union and the employer sought to have the agreement approved, which would then be registered with the Fair Work Commission and enforceable under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act, particularly in terms of its coverage, negotiation process, and content.

The legal issues before the tribunal included whether the agreement had been genuinely negotiated between the parties, if it contained the necessary minimum entitlements, and whether it was in the best interests of the employees. The tribunal had to consider whether the agreement was fair and reasonable, taking into account the nature of the bargaining, the bargaining power of the parties, and the interests of the employees. Additionally, the tribunal needed to ensure that the agreement did not discriminate against any group of employees and complied with the provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement had been genuinely negotiated and contained the required minimum entitlements. The tribunal accepted that the process of negotiation was fair and that the agreement was in the best interests of the employees. The content of the agreement was deemed to be reasonable and not discriminatory. The tribunal concluded that the agreement met all the statutory requirements for approval and was fair and reasonable in all the circumstances. The application for approval was subsequently granted, and the agreement was registered with the Fair Work Commission.

The tribunal's final order was that the Enterprise Agreement 2016 - 2018 between the Lyddy Family Trust trading as Evolution Concrete Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) be approved and registered with the Fair Work Commission. The agreement was to have effect from the date of the tribunal's decision and would be binding on the parties and their employees for the specified period.

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