DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2003)

OAKSAND TRUST (THE TRUSTEE FOR) T/AS ALLCAULK AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 JUNE 2017

Application for approval of the Oaksand Trust (the Trustee for) T/As Allcaulk 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 Oaksand Trust (the Trustee for) T/As Allcaulk 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 21 June 2017. 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 applicant, Construction, Forestry, Mining and Energy Union, sought approval for the Oaksand Trust as the trustee of the T/As Allcaulk and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute was brought before the Fair Work Commission, with the primary focus on whether the proposed enterprise agreement met the necessary standards and criteria for approval. The legal issues at hand involved the interpretation of the relevant sections of the Fair Work Act 2009, including the requirements for the approval of enterprise agreements, and the necessity for the agreement to be free from prohibited content.

The Fair Work Commission assessed the agreement under section 231 of the Fair Work Act, which mandates that an enterprise agreement must not contain any terms that are prohibited by the Act. The Commission examined the provisions of the agreement to ensure that they did not contravene any legal standards or principles. Furthermore, the Commission considered whether the agreement provided for a fair and equitable resolution of employment matters between the parties. After a thorough review, the Commission found that the proposed agreement did not contain any prohibited terms and was in line with the objectives of the Fair Work Act.

The Fair Work Commission approved the Oaksand Trust as the trustee for the T/As Allcaulk and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that the agreement met the necessary legal requirements and provided a fair and equitable resolution of employment matters between the parties. The Commission highlighted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act and did not contain any prohibited terms. As a result, the Commission granted the application for approval of the agreement.

The final orders of the Fair Work Commission included the approval of the Oaksand Trust as the trustee for the T/As Allcaulk and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, with the agreement to be registered and in effect from the date of the decision. The Commission also directed the parties to take all necessary steps to give effect to the approved agreement.

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