DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2728)

STRAIGHT CAULKING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 APRIL 2016

Application for approval of the Straight Caulking Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Straight Caulking Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 12 April 2016 and, in accordance with s.54, will operate from 19 April 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Straight Caulking Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Building and Construction Industry Enterprise Agreement 2015. The dispute centred on whether the agreement met the criteria set out in the Fair Work Act 2009, particularly in relation to the fair and reasonable bargain requirement. The application was brought by the CFMEU, and the respondent was Straight Caulking Pty Ltd.

The primary legal issue before the Commission was whether the enterprise agreement constituted a fair and reasonable bargain. This involved assessing whether the agreement was free from coercion, duress, and undue influence, and whether it met the procedural requirements set out in the Fair Work Act. The Commission also had to consider whether the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, as well as whether it complied with the provisions regarding protected industrial action.

In its decision, the Commission found that the agreement was indeed a fair and reasonable bargain. The Commission noted that the negotiation process was conducted in good faith and that the agreement provided for a fair and reasonable method of determining wages and other conditions of employment. The Commission also determined that the agreement was free from coercion, duress, and undue influence. Furthermore, the agreement complied with all the relevant provisions of the Fair Work Act, including those related to protected industrial action. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Straight Caulking Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015, finding it to be a fair and reasonable bargain. The agreement was deemed to meet all the statutory requirements and was approved for registration.

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