DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6886)

TOBIN FAMILY TRUST (THE TRUSTEE FOR) T/AS A CLASS CLADDING 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 Tobin Family Trust (The Trustee For) T/As A Class Cladding 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 Tobin Family Trust (The Trustee For) T/As A Class Cladding 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 matter involved an application for the approval of an enterprise agreement between the Tobin Family Trust (trading as A Class Cladding) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission. The central legal issue was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its fairness and whether it met the standards of a "good faith" agreement. The application needed to be considered against the backdrop of the Fair Work (Registered Organisations) Act 2009, which mandates that enterprise agreements must be free from prohibited content and comply with the good faith requirement.

The Commission examined the agreement's provisions, the negotiation process, and the evidence provided by both parties. It considered whether the agreement was negotiated in good faith and whether it met the requirements for fairness as outlined in the legislation. The Court noted that the agreement had been negotiated over several months with multiple meetings and exchanges between the parties. The Commission concluded that the agreement was fair and did not contain any prohibited content, and that it was negotiated in good faith. The application was thus approved.

The Fair Work Commission approved the application for the agreement, confirming its compliance with the statutory requirements. This decision was based on the evidence that the agreement had been negotiated in good faith and met the criteria for fairness. The approval of the enterprise agreement is a crucial step in formalising the terms of employment between the employer and the union, ensuring that both parties' rights and obligations are clearly defined and legally binding.

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