DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6209)

BELLA UNIT TRUST (THE TRUSTEE FOR) T/AS EIRE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Bella Unit Trust (The Trustee For) T/As Eire Group 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 Bella Unit Trust (The Trustee For) T/As Eire Group 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 20 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Bella Unit Trust (the trustee for) trading as Eire Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute involved the approval of a proposed enterprise agreement under the Fair Work Act 2009. The parties in contention were the Bella Unit Trust, trading as Eire Group Pty Ltd, and the CFMEU. The core issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under the Act, particularly focusing on the fairness test and whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The FWC considered the fairness of the proposed agreement, including the terms and conditions for employees, and whether it complied with the requirements of the Act. The FWC evaluated the submissions from both parties and examined the provisions of the agreement to ensure they did not undermine the safety net of minimum entitlements. The FWC found that the proposed agreement did not include a term that would permit an employee to work on Good Friday, a public holiday, without being paid a loading. The FWC held that this omission resulted in a breach of the Act as it did not provide for fair and reasonable terms and conditions, and consequently, the application for approval was rejected. The FWC issued a detailed decision outlining the reasons for its conclusion and the specific sections of the agreement that did not meet the fairness test.

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