Construction, Forestry, Mining and Energy Union

[2013] FWCA 143

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14303)

CAULK N SEAL PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Caulk N Seal 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 Caulk N Seal 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, 187 and 188 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 16 January 2013. 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 matter before the court involved an application for the approval of the Caulk N Seal Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The application was lodged by the union, and the primary legal issue the court needed to address was whether the agreement met the criteria set out in the Fair Work Act 2009 for being approved as a registered agreement. The court was tasked with examining if the agreement contained all the mandatory terms, was free from prohibited content, and was otherwise compliant with the legislative requirements.

In reaching its decision, the court considered the provisions of the Fair Work Act and the specific terms of the enterprise agreement. The union argued that the agreement was comprehensive and included all the necessary mandatory terms, such as minimum wages and entitlements, leave provisions, and dispute resolution mechanisms. The court evaluated the content of the agreement against the statutory requirements and found that, while the agreement was largely compliant, there were minor deficiencies that needed to be rectified. These included some unclear language and omissions in relation to specific leave provisions. The court held that, with the necessary amendments, the agreement could be approved as it substantially met the legislative criteria.

Ultimately, the court determined that the agreement could be approved, subject to the union making the required amendments to address the identified deficiencies. The court ordered that the union was to submit a revised version of the agreement to the Fair Work Commission within a specified timeframe. Once the revisions were made and approved, the agreement would be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established