DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6881)

THE STAMBOS FAMILY TRUST T/AS CXM BUILDING CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2016

Application for approval of The Stambos Family Trust T/As CXM Building Constructions 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 Stambos Family Trust T/As CXM Building Constructions 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 17 November 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 Stambos Family Trust T/As CXM Building Constructions Pty Ltd sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, and the union contested the approval of the agreement. The union argued that the proposed agreement failed to meet certain statutory requirements, particularly in relation to the provisions governing the classification of employees and the payment of wages.

The legal issues before the Commission involved whether the enterprise agreement was consistent with the Fair Work Act 2009, particularly concerning the classification of employees and wage provisions. The union contended that the proposed agreement did not adequately protect employees' rights and interests, and that certain provisions were in breach of the statutory framework governing enterprise agreements. The Commission was required to determine whether the agreement met the criteria for approval, including whether it provided for the fair and efficient determination of terms and conditions of employment.

The Commission examined the provisions of the proposed agreement in detail and considered the arguments presented by both parties. The Commission found that while the proposed agreement contained some provisions that did not comply with the Act, these issues could be resolved through minor amendments. The Commission was satisfied that the overall purpose and effect of the agreement was to provide for the fair and efficient determination of terms and conditions of employment, and that the benefits of approving the agreement outweighed any potential detriments. The Commission approved the enterprise agreement subject to certain conditions, including the requirement that the parties negotiate and agree on the classification of employees and wage rates within a specified timeframe.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions. The Commission found that the agreement was consistent with the Fair Work Act, and that the benefits of approving the agreement outweighed any potential detriments. The Commission required the parties to negotiate and agree on the classification of employees and wage rates within a specified timeframe, and to submit a report to the Commission within six months of the approval. The decision provides guidance on the requirements for approving enterprise agreements and the importance of ensuring that such agreements provide for the fair and efficient determination of terms and conditions of employment.

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