DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6510)

CARUSO TRADING TRUST (THE TRUSTEE FOR) T/AS CARUSO BRICKLAYING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the Caruso Trading Trust (The Trustee For) T/As Caruso Bricklaying Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Caruso Trading Trust (The Trustee For) T/As Caruso Bricklaying Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying 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 matter before the court was an application for the approval of the Caruso Trading Trust (Trading as Caruso Bricklaying Pty Ltd) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The dispute arose in the Fair Work Commission where the applicant union sought to have the agreement approved under section 235 of the Fair Work Act 2009. The central legal issues before the court involved whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement provided for the fair and efficient resolution of enterprise disputes, whether it included provisions for the protection of employees' rights and interests, and if it met the criteria for being a good faith bargain.

The court examined the agreement in detail, considering its provisions on enterprise bargaining, dispute resolution, and employee protections. It found that the agreement contained provisions for the fair and efficient resolution of enterprise disputes, including a process for mediation and conciliation. The court also noted that the agreement provided for the protection of employees' rights and interests, including provisions for minimum wages, working conditions, and dispute resolution mechanisms. After careful consideration, the court concluded that the agreement met the criteria for being a good faith bargain and was in the best interests of the employees.

In light of the findings, the court approved the agreement. The decision was based on the comprehensive nature of the agreement, its provisions for dispute resolution, and the protections it afforded to employees. The approval of the agreement ensures that Caruso Trading Trust and the Construction, Forestry, Mining and Energy Union can proceed with the terms outlined in the enterprise agreement, providing a framework for fair and efficient enterprise bargaining and dispute resolution.

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