DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/900)

BC CAULKING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2019

Application for approval of the BC 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 BC 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 12 April 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and BC Caulking Pty Ltd. The dispute centred around the approval of an enterprise agreement between the parties, which was set to govern employment terms and conditions for the period 2016 to 2018. The matter was brought before the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction over such disputes.

The primary legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. The Act requires that agreements be free from any improper influence or interference, genuinely negotiated, and in compliance with minimum standards of pay and conditions. The CFMEU argued that the agreement was fair and had been properly negotiated, while BC Caulking contended that certain provisions were problematic and did not comply with statutory requirements.

The Commission examined the evidence and submissions from both parties. It found that the agreement had been negotiated in good faith and did not contain any provisions that were contrary to public policy or the minimum standards prescribed by the Act. The Commission also noted that there was no evidence of any improper influence or interference in the negotiation process. Accordingly, the Commission approved the Enterprise Agreement, determining that it met the statutory requirements for approval.

The Fair Work Commission approved the BC Caulking Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be fairly negotiated and compliant with the Fair Work Act 2009.

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