DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timber Ridge Investments Pty Ltd T/A Auscut
(AG2018/4642)

TIMBER RIDGE UNIT TRUST (THE TRUSTEE FOR) T/AS AUSCUT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of Timber Ridge Unit Trust (The Trustee For) T/As Auscut and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Timber Ridge Unit Trust (The Trustee For) T/As Auscut and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 Timber Ridge Investments Pty Ltd T/A Auscut. 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, Maritime, 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 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit Court of Australia, an application was heard by Justice Lee relating to the approval of the Timber Ridge Unit Trust (The Trustee For) trading as Auscut and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The applicant, Auscut, sought approval of the agreement, which was opposed by the respondent, the CFMEU. The dispute centred on various provisions of the proposed enterprise agreement, particularly those concerning shift patterns, work hours, and the classification of employees.

The court was required to determine whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was in the best interests of the employees and whether it met the requirements for approval under section 234 of the Act. This involved examining the provisions in question to ensure they did not undermine the fundamental principles of the Australian industrial relations system, including fairness and the avoidance of undue hardship for the parties involved.

Justice Lee found that the provisions in question did not contravene the Act and were in the best interests of the employees. The judge concluded that the proposed enterprise agreement did not impose undue hardship on the employees and was fair and reasonable in its terms. The court approved the agreement, noting that it provided a fair and efficient framework for the employment relationship between Auscut and its employees, and aligned with the broader objectives of the Fair Work Act. The decision was made in light of the specific circumstances of the industry and the parties involved, and the agreement was approved with the conditions set out in the judgment.

Timber Ridge Investments Pty Ltd T/A Auscut

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established