DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/495)

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

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 12 MARCH 2020

Application for approval of the ICAULK 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 ICAULK 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 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] 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 19 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 case involved an application for the approval of the ICAULK PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The application was made to the Fair Work Commission (FWC) and the dispute arose from the negotiation and agreement process between the employer and the union. The FWC was tasked with determining whether the enterprise agreement should be approved under the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement met the requirements of section 230 of the Fair Work Act, which mandates that agreements must not have the effect of disadvantaging employees and must comply with procedural requirements. The court had to assess if the agreement was fairly negotiated and whether the union had genuinely represented the employees in the negotiation process. Additionally, the court examined whether the agreement provided for the fair treatment of employees, including provisions for redundancy, termination, and other employment conditions.

The FWC examined the evidence presented by both parties and considered the procedural fairness of the negotiation process. The court found that the agreement was fairly negotiated, with the union genuinely representing the employees and the employer providing necessary information for the negotiation process. The court also determined that the agreement did not disadvantage employees and provided for their fair treatment. Based on these findings, the FWC approved the enterprise agreement, deeming it compliant with the statutory requirements.

The final orders of the FWC included the approval of the ICAULK PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019-2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The court's decision provided clarity and legal certainty for both the employer and the union, ensuring compliance with the Fair Work Act and the fair treatment of employees.

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