DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5101)

STRAIGHT CAULKING PTY LTD TAS STR8 CAULKING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 MAY 2021

Application for approval of the STRAIGHT CAULKING PTY LTD Tas STR8 CAULKING and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the STRAIGHT CAULKING PTY LTD Tas STR8 CAULKING and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between Straight Caulking Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from the negotiation and content of the Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and if it met the criteria for approval under the Fair Work Act 2009.

The legal issues central to this case revolved around the compliance of the proposed agreement with the statutory provisions outlined in the Fair Work Act. Specifically, the Commission had to consider whether the agreement included all the mandated terms and conditions, whether it was made in good faith, and if it adhered to the principles of the Fair Work Act. Additionally, the Commission needed to ensure that the agreement provided for appropriate dispute resolution mechanisms and was fair and reasonable in its entirety.

In rendering its decision, the Fair Work Commission carefully examined the proposed agreement clause by clause. It determined that the agreement was comprehensive and included all necessary terms and conditions as required by the Act. The Commission found that the agreement was made in good faith and aligned with the principles of the Fair Work Act. It also concluded that the dispute resolution mechanisms within the agreement were appropriate and that the overall terms of the agreement were fair and reasonable. Consequently, the Commission approved the Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023.

The Fair Work Commission approved the proposed enterprise agreement, thereby allowing it to come into effect. This decision ensures that the terms and conditions of employment for the workers covered by the agreement are governed by the approved provisions, providing a framework for their employment relationship during the specified period.

Construction, Forestry, Maritime, 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