DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5865)

KAZAKIS FAMILY TRUST T/AS ALUVATE FACADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Kazakis Family Trust T/As Aluvate Facades 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 Kazakis Family Trust T/As Aluvate Facades 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 4 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and the Kazakis Family Trust T/As Aluvate Facades Pty Ltd, the Commission was called upon to determine whether the Enterprise Agreement between the two parties, dated 2016 to 2018, should be approved. The dispute arose from the union's application for approval of the agreement, which outlined the terms and conditions of employment for employees within the specified period. The Commission had to decide if the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the requirements of the Fair Work Act, particularly focusing on sections 230 and 231, which pertain to the protection of employees' rights and the process for approving enterprise agreements. The Commission had to assess if the agreement provided a fair and efficient resolution of workplace issues, and if it met the 'better off overall test' as outlined in the Act. The Court also considered the nature of the bargaining process and the extent to which the agreement represented a genuine compromise between the parties.

The Commission found that the Enterprise Agreement met the necessary criteria for approval. It noted that the agreement was the product of genuine and fair bargaining, with both parties demonstrating a willingness to compromise. The Commission was satisfied that the agreement provided for a fair and efficient resolution of workplace issues, and that it met the 'better off overall test'. The terms of the agreement were considered to be reasonable and in line with the provisions of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement, ensuring that the rights and interests of the employees were protected within the framework of the agreement.

The final orders of the Commission were that the Enterprise Agreement between the Kazakis Family Trust T/As Aluvate Facades Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018 be approved. This decision provided certainty and stability to the employees covered by the agreement, as well as to the parties involved in the dispute. The Commission's ruling reinforced the importance of fair and genuine bargaining in the resolution of workplace issues, and the role of the Fair Work Act in protecting the rights and interests of employees.

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