DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5080)

G & B CAULKING PTY LTD AS TRUSTEE FOR G & B CAULKING TRUST T/AS G & B CAULKING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the G & B Caulking Pty Ltd as Trustee for G & B Caulking Trust T/As G & B Caulking 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 G & B Caulking Pty Ltd as Trustee for G & B Caulking Trust T/As G & B Caulking 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, 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, 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 29 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEUA) and G & B Caulking Pty Ltd sought approval for the G & B Caulking and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission (FWC). The primary legal issue was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). Specifically, the FWC needed to determine if the agreement contained all the required terms and conditions of employment and if it was free from prohibited content.

The FWC examined the agreement to ensure it met the mandatory minimum terms set out in the Fair Work Regulations 2009 (Cth) and did not contain any prohibited content. The FWC found that the agreement complied with all legislative requirements and was free from prohibited content. The FWC also considered the fairness of the agreement, taking into account the bargaining positions of the parties, the nature of the industry, and the public interest. The FWC concluded that the agreement was fair and reasonable, taking into account all relevant factors.

As a result, the FWC approved the G & B Caulking and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, with the approval taking effect from 1 January 2016. The parties were directed to take all necessary steps to give effect to the approved agreement. The FWC also ordered that a copy of the approved agreement be lodged with the Commission within 14 days of the decision.

Construction, Forestry, 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