DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6887)

G & C PLUTINO FAMILY TRUST T/AS STEP GRIP 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 G & C Plutino Family Trust T/As Step Grip 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 G & C Plutino Family Trust T/As Step Grip 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

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the G & C Plutino Family Trust, trading as Step Grip, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, Australia's national workplace relations tribunal. The dispute centred on whether the proposed enterprise agreement met the necessary criteria for approval, including whether it provided for a fair and efficient workplace.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly whether it included appropriate mechanisms for dispute resolution and provided for the protection of employees' rights. The Commission also needed to determine if the agreement was made in good faith and whether it met the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement.

The Fair Work Commission found that the enterprise agreement was appropriately structured and included necessary provisions for dispute resolution. The Commission determined that the agreement was made in good faith and that it met the better off overall test, as it provided for fair and efficient terms for both the employer and employees. The Commission approved the agreement, acknowledging that it balanced the interests of both parties and provided for a stable and productive working environment. The approval was granted subject to certain conditions that the parties were required to meet within specified timeframes.

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