DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/104)

CARALI ELISSA FAMILY TRUST (THE TRUSTEE FOR) T/AS WETSEAL CAULKING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2018

Application for approval of the Carali Elissa Family Trust (The Trustee for) T/as Wetseal 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 Carali Elissa Family Trust (The Trustee for) T/as Wetseal 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 1 February 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and the Carali Elissa Family Trust, trading as Wetseal Caulking, were the parties involved in this dispute. The matter was heard in the Fair Work Commission, where the CFMEU sought approval for the Enterprise Agreement between the two parties covering the period 2016-2018. The primary issue before the Commission was whether the proposed agreement complied with the relevant legislative requirements and whether it met the necessary standards for employee protections and fair bargaining.

The Commission needed to determine if the agreement contained provisions that adhered to the Fair Work Act 2009, including whether it covered all necessary aspects of employment, such as minimum wages, penalty rates, and conditions of work. Additionally, the Commission examined whether the agreement had been negotiated in good faith and whether it appropriately balanced the interests of both employees and employers. The CFMEU argued that the agreement was fair and represented the best interests of the employees, while the Carali Elissa Family Trust contended that certain provisions were unreasonable and did not reflect genuine bargaining.

In delivering its decision, the Commission found that the proposed agreement did not meet the standards required by the Fair Work Act. The Commission determined that several provisions were unreasonable and did not accurately reflect the principles of genuine bargaining. The agreement included terms that the Commission deemed to be overly favourable to the employer, thereby not providing adequate protections for the employees. Consequently, the Commission refused to approve the agreement, highlighting the need for revisions to ensure it met the necessary legislative requirements and balanced the interests of both parties.

The Commission's decision resulted in the refusal of approval for the proposed Enterprise Agreement between the CFMEU and the Carali Elissa Family Trust. The Commission directed the parties to review and amend the agreement to address the identified issues and resubmit it for approval once it complied with the Fair Work Act and represented a fair and reasonable outcome for both employees and employers.

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