DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caruso Trading Trust (The Trustee For) T/A Caruso Bricklaying Pty Ltd
(AG2018/5409)

CARUSO TRADING TRUST (THE TRUSTEE FOR) T/AS CARUSO BRICKLAYING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 OCTOBER 2018

Application for approval of the Caruso Trading Trust (The Trustee For) T/As Caruso Bricklaying 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 Caruso Trading Trust (The Trustee For) T/As Caruso Bricklaying 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 Caruso Trading Trust (The Trustee For) T/A Caruso Bricklaying Pty Ltd. 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 5 November 2018. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caruso Trading Trust, trading as Caruso Bricklaying Pty Ltd, and the CFMEU (Victorian Construction and General Division) sought approval of the Enterprise Agreement 2016-2018 in the Fair Work Commission. The agreement was submitted for approval under section 234 of the Fair Work Act 2009, as the parties could not reach a resolution through direct bargaining. The legal issues before the Commission centred on whether the agreement met the requirements for approval under the Fair Work Act, particularly in relation to the absence of a 'better off overall test' and whether the agreement was in the interests of fair and reasonable industrial relations. The Commission had to determine whether the agreement was fair and reasonable and if it was made in good faith, and if it provided for proper protections for employees.

The Commission found that the agreement did not include a 'better off overall test', which is generally considered a benchmark for assessing whether employees are better off under a new agreement compared to existing awards or agreements. However, the Commission considered other factors, including the process by which the agreement was made, the context of the bargaining, and the provisions of the agreement itself. The Commission determined that despite the absence of a 'better off overall test', the agreement was fair and reasonable. It was made in good faith and provided adequate protections for employees, taking into account the specific circumstances of the industry and the parties involved. The Commission concluded that the agreement was beneficial to the employees and did not disadvantage them, and thus approved the agreement.

The Fair Work Commission approved the Enterprise Agreement 2016-2018 between Caruso Trading Trust and the CFMEU (Victorian Construction and General Division). The approval was based on the findings that the agreement was fair and reasonable, made in good faith, and provided adequate protections for employees. The decision was made under section 234 of the Fair Work Act 2009, given that the parties could not reach an agreement through direct bargaining. The Commission's approval ensures that the terms and conditions of employment outlined in the agreement will apply to the employees of Caruso Bricklaying Pty Ltd for the duration of the agreement.

Caruso Trading Trust (The Trustee For) T/A Caruso Bricklaying Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established