DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7267)

HALLINAN FAMILY TRUST (THE TRUSTEE FOR) T/AS NORTHERN MASONRY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Hallinan Family Trust (The Trustee For) T/As Northern Masonry 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 Hallinan Family Trust (The Trustee For) T/As Northern Masonry 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 9 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Hallinan Family Trust (trading as Northern Masonry Pty Ltd) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of their enterprise agreement for the period 2016-2018. The Fair Work Commission (FWC) was the tribunal before which the matter was heard. The primary dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009 (Cth).

The key legal issues before the FWC were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the good faith bargaining requirements. The FWC also considered whether the agreement was in the public interest and whether it was likely to promote workplace harmony. The applicants argued that the agreement was fair and reasonable, and that the bargaining process was conducted in good faith.

The FWC found that the proposed agreement provided for fair and reasonable terms and conditions, and that the bargaining process was conducted in good faith. The FWC also found that the agreement was in the public interest and was likely to promote workplace harmony. The FWC approved the agreement, noting that it provided for a balanced outcome that recognised the needs of both parties. The applicants' arguments were persuasive, and the FWC was satisfied that the agreement met the criteria for approval.

The FWC approved the Hallinan Family Trust (trading as Northern Masonry Pty Ltd) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicants were successful in their application, and the agreement was approved by the FWC.

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