DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6841)

MARCO POLO TRUST (THE TRUSTEE FOR) T/AS MARCO POLO PAINTING & DECORATING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 NOVEMBER 2016

Application for approval of the Marco Polo Trust (The Trustee For) T/As Marco Polo Painting & Decorating 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 Marco Polo Trust (The Trustee For) T/As Marco Polo Painting & Decorating 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. 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.

[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 was approved on 11 November 2016 and, in accordance with s.54, will operate from 18 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEUA) and the Marco Polo Trust (Marco Polo) brought an application to the Fair Work Commission to approve an enterprise agreement. The agreement, covering painting and decorating workers, was made between the CFMEUA and Marco Polo. The matter was heard in the Fair Work Commission, with the decision made by Deputy President S. A. G. Bennett.

The primary legal issue before the court was whether the enterprise agreement was made in the course of genuine and fair bargaining, as required by the Fair Work Act. The court had to consider the evidence presented by both parties regarding the bargaining process and whether it met the statutory criteria. Additionally, the court needed to assess if the agreement complied with the provisions of the Act and if it provided for fair and reasonable terms and conditions for the employees.

The court examined the evidence and found that the enterprise agreement was made in good faith and through genuine bargaining. The CFMEUA demonstrated that it had consulted with its members and had a reasonable basis for the terms proposed. The court was satisfied that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions. Consequently, the court approved the Marco Polo Trust (The Trustee For) T/As Marco Polo Painting & Decorating and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

The final orders of the court included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the employees covered by the agreement. The court's decision was based on the evidence presented and the legal criteria set out in 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