DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4742)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 AUGUST 2016

Application for approval of the AJ 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 AJ 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 3 August 2016 and, in accordance with s.54, will operate from 10 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 case involved an application for the approval of the AJ Caulking Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, AJ Caulking Pty Ltd, sought the approval of the agreement from the Fair Work Commission. The CFMEU (Victorian Construction and General Division) was the respondent to the application. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for a fair and efficient workplace, if it included appropriate dispute resolution mechanisms, and if the agreement was in compliance with the relevant provisions of the Fair Work Act. The court had to examine the specific terms and conditions outlined in the agreement, including those related to wages, hours of work, and other employment terms. Additionally, the court considered whether the agreement appropriately balanced the rights and interests of both the employer and the employees.

In examining the application, the Fair Work Commission assessed the agreement against the statutory criteria. The Commission found that the agreement did provide for a fair and efficient workplace and contained appropriate dispute resolution mechanisms. It also concluded that the agreement complied with the relevant provisions of the Fair Work Act. The Commission determined that the agreement was fair and did not undermine the fundamental rights of employees or the public interest. Consequently, the Fair Work Commission approved the Enterprise Agreement.

The Fair Work Commission's decision resulted in the approval of the AJ Caulking Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission found that the agreement met the statutory requirements for approval under the Fair Work Act and was fair and balanced in its terms and conditions.

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