DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/593)

STRAIGHT CAULKING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 MARCH 2020

Application for approval of the STRAIGHT CAULKING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the STRAIGHT CAULKING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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, 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] 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 26 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between Straight Caulking Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission. The primary dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the focus was on whether the agreement contained terms that were contrary to the public interest and whether it was genuinely bargained between the parties.

The legal issues before the court included whether the terms of the agreement were procedurally and substantively fair, and if the agreement was genuinely negotiated between the parties. The court also had to consider whether any terms in the agreement were contrary to the public interest, and if the agreement adequately protected the rights of employees, particularly those who were not members of the union. The interpretation of the statutory provisions under the Fair Work Act and the application of relevant case law were critical to the court's analysis.

The Fair Work Commission found that the agreement was generally fair and had been genuinely negotiated between the parties. The court considered the balance of the agreement and found that, while some terms were not entirely favourable to the employees, they were not so detrimental as to be contrary to the public interest. The court concluded that the agreement provided adequate protections for the employees and did not find any significant procedural flaws in the bargaining process. The court approved the enterprise agreement, noting that it was in the best interests of the employees and the employer.

The final orders of the court included the approval of the enterprise agreement, with some minor conditions attached to ensure ongoing compliance with the Fair Work Act. The court directed the parties to monitor the implementation of the agreement and report back to the Commission if any issues arose. The approval was subject to the condition that any future disputes would be referred back to the Fair Work Commission for resolution.

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