DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3504)

CAPUTO FAMILY TRUST T/AS ULTRATEX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 SEPTEMBER 2019

Application for approval of the CAPUTO FAMILY TRUST T/As ULTRATEX 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 CAPUTO FAMILY TRUST T/As ULTRATEX 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 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 3 October 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Caputo Family Trust trading as Ultratex Pty Ltd to have their enterprise agreement approved. The dispute centred around the terms and conditions of employment as outlined in the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia.

The primary legal issues the court had to resolve were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This involved ensuring the agreement provided for minimum entitlements, did not undermine the right to free bargaining, and was made in good faith. The court had to examine if the terms of the agreement were fair and reasonable and whether they adhered to the broader industrial relations framework.

In its reasoning, the Fair Work Commission noted that the agreement had been made in good faith and did not undermine the right to free bargaining. The commission acknowledged the need for the agreement to cover a range of employment conditions, including pay rates, hours of work, and dispute resolution mechanisms. The court found that the agreement met all statutory requirements and was fair and reasonable, leading to its approval.

The final orders of the court were that the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval allowed the agreement to govern the terms and conditions of employment between the union and the employer for 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