DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4735)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the STRAIGHT 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 STRAIGHT 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 8 August 2016 and, in accordance with s.54, will operate from 15 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 matter before the court involved an application for the approval of the Enterprise Agreement between Straight Caulking Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016-2018. The dispute arose due to concerns regarding the fairness and compliance of the proposed agreement with the relevant labour laws. The case was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The primary legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement had been made in the ‘best interests’ of the employees and whether it complied with the relevant industrial instruments and legislative provisions. The court needed to examine if the agreement was genuinely negotiated, free from coercion, and if it provided fair and reasonable terms and conditions of employment.

The Fair Work Commission examined the process of negotiation, the content of the agreement, and its implications for the employees. The court concluded that the agreement was fairly negotiated and did not contain any terms that were unfair or unreasonable. The Commission found that the agreement was made in good faith and the employees had the opportunity to be involved in the negotiation process. The Commission also noted that the agreement provided for fair and reasonable terms, including provisions for wages, hours of work, and other conditions of employment. Based on these findings, the court approved the Enterprise Agreement, deeming it compliant with the statutory requirements.

The final order of the court was to approve the Enterprise Agreement between Straight Caulking Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016-2018. The decision was made in the belief that the agreement would serve the best interests of the employees and align with the relevant industrial instruments and legislative provisions.

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