DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6507)

FAIRWEATHER FAMILY TRUST (THE TRUSTEE FOR) T/AS PLATINUM POST TENSIONING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Fairweather Family Trust (The Trustee for) T/As Platinum Post Tensioning 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 Fairweather Family Trust (The Trustee for) T/As Platinum Post Tensioning 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 1 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Fairweather Family Trust, acting as trustee for Platinum Post Tensioning Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission, with the union objecting to the application on various grounds. The union argued that the agreement contained provisions that were not in the best interests of the employees, including the introduction of penalty rates and the reduction of certain entitlements.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. This included assessing if the agreement was in the best interests of the employees, was free from improper conduct, and complied with the relevant provisions of the Act. The union contended that the agreement did not meet these criteria, particularly due to the changes in penalty rates and the reduction of certain entitlements for employees.

The Commission found that the proposed agreement did not meet the statutory criteria for approval. It was determined that the changes to penalty rates and the reduction of certain entitlements were not in the best interests of the employees. The Commission also found that the union had not engaged in any improper conduct during the negotiation process. Consequently, the application for approval of the enterprise agreement was dismissed.

As a result of the Commission's decision, the proposed enterprise agreement between the Fairweather Family Trust and the Construction, Forestry, Mining and Energy Union was not approved. The employees of Platinum Post Tensioning Pty Ltd would continue to be governed by the existing enterprise agreement until a new agreement was negotiated and approved.

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