DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1230)

THE MATHE FAMILY TRUST (THE TRUSTEE FOR) T/AS ALL CLASS CAULKING PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 APRIL 2019

Application for approval of the THE MATHE FAMILY TRUST (THE TRUSTEE FOR) T/As ALL CLASS CAULKING 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 THE MATHE FAMILY TRUST (THE TRUSTEE FOR) T/As ALL CLASS CAULKING 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 6 May 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Enterprise Agreement between the Mathe Family Trust trading as All Class Caulking Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The applicant union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Trust opposed the application on the basis that the agreement did not meet the requirements of section 232 of the Act.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. The Commission was required to determine if the agreement was appropriately certified and if it contained all the necessary provisions mandated by the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and if it provided for the proper treatment of employees.

In its decision, the Commission noted that the agreement had been certified by the Independent Assessor, satisfying the procedural requirement of section 231 of the Fair Work Act 2009. The Commission also found that the agreement contained all the necessary provisions as stipulated in section 232 of the Act, including those relating to minimum wages and conditions. The Commission concluded that the agreement had been made in good faith and provided for the proper treatment of employees. Consequently, the Commission approved the Enterprise Agreement as a registered agreement under the Act.

The Commission ordered that the Enterprise Agreement between the Mathe Family Trust trading as All Class Caulking Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) be registered and given effect from the date of the Commission's decision.

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