DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6419)

FERLIGOJ TRUST AND HORNE TRUST T/AS CUT & CORE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Ferligoj Trust and Horne Trust T/As Cut & Core and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ferligoj Trust and Horne Trust T/As Cut & Core and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 27 October 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 matter before the Fair Work Commission (FWC) involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to have the Ferligoj Trust and Horne Trust T/As Cut & Core and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018 approved as a registered enterprise agreement. The dispute arose between the CFMEU, representing the employees, and the employers, the Ferligoj Trust and Horne Trust. The application was brought under the Fair Work Act 2009, which governs the regulation of workplace relations and enterprise agreements in Australia.

The central legal issues before the FWC were whether the proposed agreement met the statutory requirements for registration and if it contained all the necessary elements, including minimum entitlements, as stipulated by the Fair Work Act. The FWC also needed to assess whether the agreement had been made in good faith and whether it had been properly negotiated. Additionally, the FWC considered whether the agreement provided for the proper resolution of any disputes that might arise from its terms and whether it had been fairly and properly presented to the employees for their consideration.

The FWC carefully examined the proposed enterprise agreement, considering the provisions set out in the Fair Work Act. The Commission found that the agreement contained all the mandatory minimum terms and conditions required by the Act, including the minimum entitlements for employees. The FWC also determined that the agreement had been made in good faith and was properly negotiated. It further concluded that the agreement provided for the proper resolution of any disputes that might arise from its terms. The FWC was satisfied that the agreement had been fairly and properly presented to the employees, and therefore, it was appropriate to approve the agreement as a registered enterprise agreement.

The FWC approved the proposed enterprise agreement as a registered agreement under the Fair Work Act. This decision enabled the terms and conditions of the agreement to be enforceable and binding on the employees and employers covered by the 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