DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/11025)

LUKA LUKIC T/AS STRAIGHT CAULKING AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JANUARY 2015

Application for approval of the Luka Lukic T/As Straight Caulking and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Luka Lukic T/As Straight Caulking and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 15 January 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Construction, Forestry, Mining and Energy Union, sought approval of an enterprise agreement for Luka Lukic trading as Straight Caulking. The Fair Work Commission was asked to consider the application, with the respondents being Luka Lukic and the company Straight Caulking. The dispute centred around the application of the agreement, which was proposed for workers in the building and construction industry for the period of 2011 to 2015. The primary legal issues revolved around whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and the rights of employees.

The Commission examined the application under the Fair Work Act, assessing if the agreement was fair and coped with the requirements of the Act. The Commission noted that the agreement had been subject to a vote, with the majority of employees in favour. However, the respondents argued that the agreement did not meet the standards of good faith bargaining and that it was unfair to the employees. The Commission considered these arguments, along with the provisions of the agreement, and found that the agreement did not contravene any statutory provisions and was fairly negotiated. The Commission determined that the agreement was fair and met all necessary criteria for approval.

Consequently, the Commission approved the application for the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 for Luka Lukic T/As Straight Caulking. The agreement was deemed to be fair, compliant with the Fair Work Act, and met the standards of good faith bargaining. This decision affirmed the agreement as a valid and binding contract between the union and the employer, effective for the specified period. The approval of the agreement ensures that the rights and entitlements of the employees are protected, and the terms of employment are fairly negotiated and agreed upon.

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