DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7216)

PHILLIPS FAMILY TRUST T/AS CALEDONIAN CIVIL STEEL FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the Phillips Family Trust T/As Caledonian Civil Steel Fixing 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 Phillips Family Trust T/As Caledonian Civil Steel Fixing 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 7 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of the Phillips Family Trust Trading as Caledonian Civil Steel Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary parties in the dispute were the Phillips Family Trust, acting as the employer, and the CFMEU, representing the employees. The court was tasked with determining whether the enterprise agreement, which outlined terms and conditions of employment, should be approved.

The legal issues before the court centred around whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to examine if the agreement met the requirements for fair and reasonable terms and conditions, and if it was consistent with the Fair Work (Registered Organisations) Act 2009. The court also needed to consider whether the agreement contained provisions that were contrary to the public interest.

In reaching its decision, the court analysed the terms of the enterprise agreement in detail, considering the submissions made by both parties. The court found that the agreement was fair and reasonable and did not contain any provisions that were contrary to the public interest. The court noted that the agreement included provisions for fair and reasonable terms and conditions, consistent with the applicable laws. The court also considered the evidence provided by both parties and found that the agreement met the requirements for approval under the Fair Work Act 2009.

The court approved the enterprise agreement, finding that it was fair and reasonable and did not contravene any relevant provisions of the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009. The court determined that the agreement was in the best interests of the employees and the employer, and that it met the necessary legal standards for approval. The decision was made in accordance with the applicable laws and principles of fairness and reasonableness.

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