DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4672)

LAMONICA, SARD T/AS SLIMLINE CAULKING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the Lamonica, Sard T/As Slimline 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 Lamonica, Sard T/As Slimline 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. 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 29 July 2016 and, in accordance with s.54, will operate from 5 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 application for approval of the Lamonica, Sard T/As Slimline Caulking and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was heard by the Fair Work Commission. The respondents, Lamonica and Sard, sought approval of the enterprise agreement with the Construction, Forestry, Mining and Energy Union. The dispute centred around the terms of the enterprise agreement and whether it complied with relevant industrial laws and if it was fairly and appropriately negotiated.

The primary legal issues before the Commission involved the fairness and appropriateness of the negotiation process, as well as the compliance of the agreement's terms with the Fair Work Act 2009. The respondents argued that the agreement was the product of good faith bargaining and met all legal requirements, while the applicant union contended that certain terms were unfair and that the negotiation process was flawed. The Commission had to determine if the agreement was made in good faith and if it adhered to the standards set out in the Act.

After considering the evidence presented by both parties, the Commission found that the enterprise agreement was indeed the result of good faith negotiations and complied with the legal requirements. The Commission was satisfied that the agreement was fair and reasonable, taking into account the economic and social context in which it was negotiated. Consequently, the Commission approved the agreement, recognising it as a valid and enforceable contract between the parties. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and that they meet the necessary legal standards.

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