DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6194)

TRUMP PROPERTY MAINTENANCE (VIC) PTY LTD T/A TRUMP FLOORCOVERINGS AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Trump Property Maintenance (Vic) Pty Ltd t/a Trump Floorcoverings and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Trump Property Maintenance (Vic) Pty Ltd t/a Trump Floorcoverings and CFMEU Enterprise Agreement 2016 (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 17 October 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of an enterprise agreement with Trump Property Maintenance (Vic) Pty Ltd t/a Trump Floorcoverings. The dispute was heard in the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 (Cth), particularly in relation to the provisions concerning the terms and conditions of employment, the process of agreement making, and the protections afforded to employees under the Act.

The FWC examined whether the agreement was made in good faith, whether it contained terms that were fair and reasonable, and whether the process by which the agreement was made complied with the statutory requirements. The FWC also assessed whether the agreement provided adequate protections for employees, particularly in light of the provisions concerning minimum wage rates, penalty rates, and other employment conditions. The FWC found that the agreement was made in good faith and that the terms of the agreement were fair and reasonable. The FWC also found that the process by which the agreement was made complied with the statutory requirements.

The FWC approved the enterprise agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees, while also meeting the statutory requirements of the Fair Work Act. The FWC's decision was based on a comprehensive review of the evidence presented by both parties, and the FWC was satisfied that the agreement would provide adequate protections for the employees. The FWC also noted that the agreement provided for a reasonable balance between the interests of the employer and the employees. The FWC approved the enterprise agreement, subject to certain conditions and with the expectation that both parties would continue to engage in good faith negotiations to resolve any future disputes that may arise.

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