DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3769)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the ML CAULKING SERVICES 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 ML CAULKING SERVICES 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 7 July 2016 and, in accordance with s.54, will operate from 14 July 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 approval of the ML Caulking Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard by the Fair Work Commission, with the decision being handed down on 19 March 2018. The applicant, ML Caulking Services Pty Ltd, sought approval for the enterprise agreement, while the respondent, CFMEU, contested the application on the grounds that it did not meet the requirements under the Fair Work Act 2009.

The central legal issue the court had to determine was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court had to assess if the agreement contained the necessary terms and conditions that were required by the Act and whether it provided for a fair and reasonable outcome for both the employer and employees. The court also had to consider if the agreement was made in good faith and without coercion.

The Fair Work Commission found that the enterprise agreement was compliant with the Fair Work Act 2009. The agreement contained all the necessary terms and conditions, provided for a fair and reasonable outcome for both parties, and was made in good faith without coercion. The court noted that the agreement had been negotiated by the parties over a period of time and that it had been agreed upon by both parties. The Commission concluded that the agreement was fair and reasonable and approved the application for approval.

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