Construction, Forestry, Mining and Energy Union

[2014] FWCA 8204

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9865)

AJ CAULKING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 NOVEMBER 2014

Application for approval of the AJ Caulking Pty Ltd 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 AJ Caulking Pty Ltd 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 26 November 2014. 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 case under review was an application for the approval of the AJ Caulking Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, brought before the Fair Work Commission. The applicant, AJ Caulking Pty Ltd, sought to have the enterprise agreement approved as a registered agreement, which would then provide a legal framework governing the terms and conditions of employment for its employees covered by the agreement. The respondent, the Construction, Forestry, Mining and Energy Union, represented the interests of the employees and participated in the proceedings to ensure that the agreement addressed their concerns and provided for fair and equitable terms of employment.

The central legal issues before the Commission were whether the agreement met the statutory requirements for registration under the Fair Work Act 2009, including whether it was free from any unfair content, and whether the agreement was made in accordance with the procedural requirements. Additionally, the Commission needed to determine if the agreement contained the necessary minimum entitlements and if it was made without any coercion, duress, or other forms of improper conduct. The fairness and procedural integrity of the agreement were thus pivotal to the outcome of the application.

In assessing the application, the Commission examined the content of the agreement and considered the evidence provided by both parties. The Commission determined that the agreement did not contain any unfair content, as it provided for minimum entitlements that were not less favourable than the applicable award or safety net award. Furthermore, the Commission found that the agreement was made without any improper conduct and that it was procedurally sound, as it was made following proper consultation and negotiation processes. The Commission also considered the fairness of the agreement, taking into account the relative bargaining power of the parties and whether the agreement provided for a fair and reasonable outcome for the employees.

Consequently, the Commission approved the AJ Caulking Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, registering it as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and provides a stable framework for the relationship between the employer and the employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established