DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6777)

STRACHAN FAMILY TRUST (THE TRUSTEE FOR) T/AS TOTAL WINDOW SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Strachan Family Trust (The Trustee for) T/As Total Window Services 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 Strachan Family Trust (The Trustee for) T/As Total Window Services 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 15 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 parties involved in this case were the Strachan Family Trust, trading as Total Window Services Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the approval of the Enterprise Agreement between the two parties for the period 2016 to 2018. The matter was heard in the Fair Work Commission.

The central legal issues the court had to address were whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009, specifically sections 226 and 232. The court needed to determine if the agreement was in the best interests of the employees and if it contained the necessary provisions for pay, conditions of employment, and dispute resolution. Furthermore, the court had to ensure that the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009 and that it was not contrary to public policy.

The Fair Work Commission found that the Enterprise Agreement did meet the criteria for approval. The court noted that the agreement was not only in the best interests of the employees but also contained comprehensive provisions for pay, conditions of employment, and dispute resolution. The agreement was found to comply with all relevant statutory requirements, and the court was satisfied that it was not contrary to public policy. Consequently, the court approved the Enterprise Agreement for the period 2016 to 2018.

The final orders of the court were that the Enterprise Agreement between the Strachan Family Trust, trading as Total Window Services Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of the decision and remain in force until 31 December 2018.

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