DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7173)

SPATARO FAMILY TRUST (THE TRUSTEE FOR) T/AS DOMINANT DEVELOPMENTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Spataro Family Trust (The Trustee For) T/As Dominant Developments 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 Spataro Family Trust (The Trustee For) T/As Dominant Developments 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 6 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for the approval of an enterprise agreement, specifically the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Spataro Family Trust trading as Dominant Developments Pty Ltd, is a small business entity operating in the construction industry. The union and the employer were unable to reach an agreement on certain terms and conditions of employment, leading to the application for Fair Work Commission's intervention.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements, dealt with the terms and conditions of employment fairly, and did not include any terms that were contrary to public policy. The Commission had to determine whether the agreement complied with the mandatory provisions of the Fair Work Act and whether it met the requirements for approval as a low paid, low paid industry or small business enterprise agreement.

The Fair Work Commission carefully reviewed the proposed agreement and found that it contained all the necessary minimum terms and conditions as required by the Fair Work Act. The Commission also considered the nature of the employer as a small business and the bargaining positions of both parties. It was noted that the agreement provided for fair and reasonable terms and conditions, and did not include any terms that were contrary to public policy. The Commission was satisfied that the agreement met the criteria for approval and, accordingly, approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission's decision was based on a detailed examination of the agreement's provisions and the application of relevant legal principles. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees covered by the agreement are fair, reasonable, and in compliance with the Fair Work Act.

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