DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7325)

TIMBER RIDGE UNIT TRUST (THE TRUSTEE FOR) T/AS AUSCUT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Timber Ridge Unit Trust (The Trustee for) T/As AUSCUT and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Timber Ridge Unit Trust (The Trustee for) T/As AUSCUT and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 12 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 applicant, the Timber Ridge Unit Trust (The Trustee for) T/As AUSCUT, sought approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018, which was negotiated with the CFMEU (Victorian Construction and General Division). The application was brought before the Fair Work Commission. The primary dispute involved whether the agreement met the requirements under the Fair Work Act 2009, particularly focusing on whether it complied with the procedural and substantive provisions of the Act.

The court was required to determine whether the agreement was genuinely negotiated, whether it contained the minimum terms and conditions as prescribed by the Act, and whether it was free from prohibited content. Additionally, the court had to ensure that the agreement was properly presented and contained the necessary certification from the Australian Building and Construction Commission. The court also needed to examine if the application was made in good faith and if all necessary steps were followed correctly.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the necessary minimum terms and conditions. It was free from prohibited content and correctly certified. The court noted that all procedural requirements were met, and the application was made in good faith. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforced as a binding contract between the parties.

No further orders were made beyond the approval of the agreement. The decision was rendered in favor of the applicant, enabling the enterprise agreement to be implemented as per its terms.

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