DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7226)

GARISTO FAMILY TRUST & GUCCIONE FAMILY TRUST T/AS SKY GROUP CORPORATE DESIGN BLINDS 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 Garisto Family Trust & Guccione Family Trust T/As Sky Group Corporate Design Blinds 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 Garisto Family Trust & Guccione Family Trust T/As Sky Group Corporate Design Blinds 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Garisto and Guccione Family Trusts, trading as Sky Group Corporate Design Blinds. The dispute centred around the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The Fair Work Commission (FWC) was the tribunal tasked with reviewing the application for approval of the enterprise agreement.

The primary legal issues the FWC had to address were whether the agreement complied with the procedural requirements of the Fair Work Act and whether it met the substantive criteria for approval. Procedurally, the FWC considered whether the agreement was made in good faith and whether the necessary procedures were followed in its negotiation and agreement process. Substantively, the FWC assessed whether the agreement provided for fair and reasonable terms and conditions for the employees covered by it. The FWC also had to consider whether any terms of the agreement were contrary to public policy or unjust.

In its decision, the FWC found that the enterprise agreement was largely compliant with both procedural and substantive requirements. The FWC noted that the agreement was made in good faith and followed the necessary procedures. While some concerns were raised regarding certain terms, the FWC determined that these issues did not significantly detract from the overall fairness of the agreement. The FWC concluded that the benefits of the agreement, including provisions for wages and conditions, outweighed any minor shortcomings. Consequently, the FWC approved the enterprise agreement.

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