DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5623)

CAULK CENTRAL COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) GREENFIELDS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 24 OCTOBER 2018

Application for approval of the Caulk Central Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Greenfields Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Caulk Central Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Greenfields 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 greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the matter were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Caulk Central Commercial Pty Ltd. The dispute centred around the application for approval of the Caulk Central Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Greenfields Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission (FWC). The primary legal issue the court had to address was whether the terms of the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement met the requirements for 'simplification', 'clarification' and 'streamlining' of enterprise agreements, as stipulated by section 229 of the Act.

In reaching its decision, the FWC considered various aspects of the agreement. It assessed whether the terms of the agreement were clear and concise, and whether they adhered to the legislative mandate to reduce complexity in enterprise agreements. The FWC examined the provisions of the agreement and found that, while some terms were clear and straightforward, others were not sufficiently simplified or streamlined. The FWC also evaluated the necessity and proportionality of the provisions, ensuring they did not unduly restrict the rights of employees. After careful consideration, the FWC concluded that the agreement did not fully meet the statutory criteria for approval.

As a result, the FWC did not approve the enterprise agreement. The decision highlights the importance of compliance with legislative requirements when drafting enterprise agreements. The court's ruling serves as a reminder to parties involved in such agreements to ensure clarity, simplicity and adherence to statutory mandates.

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