DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7004)

TAMBELIN NOMINEES T/A W BREMNER & SONS AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Tambelin Nominees t/a W Bremner & Sons and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tambelin Nominees t/a W Bremner & Sons and CFMEU Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the court was tasked with reviewing the application for approval of the Tambelin Nominees t/a W Bremner & Sons and CFMEU Enterprise Agreement 2016. The parties involved were the Construction, Forestry, Mining and Energy Union and Tambelin Nominees t/a W Bremner & Sons. The dispute centred around whether the enterprise agreement should be approved under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The legal issues before the court included whether the enterprise agreement met the requirements of the Fair Work Act, particularly focusing on the process by which the agreement was made, and whether it provided for fair and reasonable terms and conditions of employment. The court needed to determine if the agreement was made in good faith, if it contained the necessary minimum terms, and if it complied with the procedural requirements set out in the legislation.

The Fair Work Commission found that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. The commission held that the union had conducted proper consultations and that the agreement contained the required minimum terms. Furthermore, the commission was satisfied that the process by which the agreement was made was compliant with the procedural requirements of the Fair Work Act. Consequently, the court approved the enterprise agreement.

The court ordered that the Tambelin Nominees t/a W Bremner & Sons and CFMEU Enterprise Agreement 2016 be approved under the Fair Work Act 2009. This decision allowed the agreement to come into effect, providing a framework for the terms and conditions of employment for the parties involved.

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