DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7087)

DCS ALESSI TRUST (THE TRUSTEE FOR) T/AS CARINA COLOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the DCS Alessi Trust (the trustee for) T/as Carina Colour 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 DCS Alessi Trust (the trustee for) T/as Carina Colour 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 2 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

In the matter of an application for the approval of the DCS Alessi Trust, trustee for T/as Carina Colour Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, with the Chief Commissioner, His Honour Deputy President J F and Commissioner G G presiding. The primary legal issue the tribunal had to address was whether the enterprise agreement, in its current form, complied with the requirements of section 233 of the Fair Work Act. This involved assessing whether the agreement met the criteria for being considered "fair and reasonable" and whether it had been fairly negotiated.

The tribunal carefully examined the provisions of the enterprise agreement, focusing on its compliance with the legal standards for fairness and reasonableness. It assessed whether the agreement adequately addressed the needs and interests of the employees and the employer, and whether it provided a fair balance between the parties. The tribunal also considered the process by which the agreement was negotiated to ensure it was conducted in good faith and without coercion. After a thorough analysis, the tribunal concluded that the agreement met the necessary standards under the Fair Work Act, thus fulfilling the criteria for approval.

The tribunal determined that the enterprise agreement was fair and reasonable and had been negotiated in accordance with the requirements of the Fair Work Act. The application was therefore approved, and the tribunal issued its decision accordingly. The final orders included the approval of the enterprise agreement and the publication of the decision to ensure transparency and compliance with the statutory requirements. This decision reinforces the importance of ensuring that enterprise agreements adhere to the legislative standards for fairness and reasonableness, as well as the procedural fairness in their negotiation.

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