DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6601)

CASMAR FAMILY TRUST (THE TRUSTEE FOR) T/AS LTC DEMOLITION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2016

Application for approval of the Casmar Family Trust (The Trustee For) T/As LTC Demolition and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Casmar Family Trust (The Trustee For) T/As LTC Demolition and the CFMEU (Victorian Construction and General Division) Demolition 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 28 October 2016 and, in accordance with s.54, will operate from 4 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 applicant, Casmar Family Trust trading as LTC Demolition, sought approval from the Fair Work Commission of an enterprise agreement between itself and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The respondent union had entered into the agreement with the applicant and was seeking its registration. The matter was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009. This involved an assessment of the agreement's compliance with the Act's provisions on good faith bargaining, coverage, and the bargaining process. The Commission needed to determine if the agreement was genuinely negotiated and if it contained the necessary terms and conditions for the employees involved.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and met all the requirements of the Fair Work Act. The Commission concluded that the agreement had been reached through good faith bargaining and contained all the necessary terms and conditions. It also found that the agreement covered all the employees intended to be covered and that the process of negotiation had been conducted in accordance with the provisions of the Act. As a result, the Commission approved the agreement and ordered its registration.

The Fair Work Commission's decision to approve the enterprise agreement means that it is now legally binding on both the applicant and the union. The agreement will govern the terms and conditions of employment for the employees covered by the agreement until it expires or is replaced by a new agreement.

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