DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/598)

AUJ ENTERPRISES FAMILY TRUST (THE TRUSTEE FOR) T/AS AUJ ENTERPRISES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 MARCH 2018

Application for approval of the AUJ Enterprises Family Trust (The Trustee For) T/As AUJ Enterprises 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 AUJ Enterprises Family Trust (The Trustee For) T/As AUJ Enterprises 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 16 March 2018. 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 applicant, the AUJ Enterprises Family Trust acting through its trustee, applied for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The respondent was the Construction, Forestry, Mining and Energy Union. The dispute was brought before the Fair Work Commission. The central legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the proper management of the workplace, ensured procedural fairness, and was in the best interests of the employees.

The court considered several factors in its decision. It noted that the agreement included provisions that ensured procedural fairness, such as mechanisms for dispute resolution and consultation. The court also found that the agreement provided for the proper management of the workplace by outlining the roles and responsibilities of the employer and employees. Furthermore, the court assessed whether the agreement was in the best interests of the employees, considering factors such as the overall benefits and protections provided by the agreement.

After thorough consideration, the court concluded that the proposed enterprise agreement met the statutory requirements for approval. The agreement was deemed to provide for the proper management of the workplace, ensure procedural fairness, and be in the best interests of the employees. Consequently, the court approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

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