DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6218)

DAWES FAMILY TRUST T/AS THE TREE MUSKETEERS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for approval of the DAWES FAMILY TRUST T/As THE TREE MUSKETEERS 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 DAWES FAMILY TRUST T/As THE TREE MUSKETEERS 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 18 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Dawes Family Trust trading as The Tree Musketeers and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of their enterprise agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, presided over by Commissioner M. J. H. Cavanough. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly concerning the proper facilitation of the agreement by the Australian Building and Construction Commission (ABCC). The Commission had to determine if the agreement was made in good faith, and if the necessary steps were taken to ensure it was not made under duress or without adequate consideration of the parties' rights and obligations.

The Commission found that the agreement was made in good faith and that the ABCC had properly facilitated the agreement process. It was determined that all necessary steps had been taken to ensure that the agreement was not made under duress or without adequate consideration. The Commission noted that the agreement contained provisions that were consistent with the principles of the Fair Work Act and that it addressed key issues such as wages, hours of work, and other terms and conditions of employment. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes and for the protection of employees' rights.

In light of the findings, the Commission approved the enterprise agreement. The approval was based on the conclusion that the agreement met the requirements of the Fair Work Act and that it was in the best interests of the employees and employers involved. The Commission emphasised the importance of the agreement in providing a fair and equitable framework for the employment relationship between the parties. The final orders of the Commission included the approval of the enterprise agreement, with specific directions for its implementation and operation.

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