DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1021)

TRUE BLUE CAULKING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

Application for approval of the True Blue Caulking Pty Ltd 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 True Blue Caulking Pty Ltd 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 12 April 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 case involved an application for the approval of an enterprise agreement between True Blue Caulking Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission, a tribunal that resolves workplace disputes under the Fair Work Act 2009. The primary issue before the Commission was whether the enterprise agreement met the criteria for approval under section 231 of the Act. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the provisions of the Act.

The Commission considered various aspects of the agreement, including the terms related to pay rates, working conditions, and the dispute resolution process. The Union argued that the agreement adequately protected the employees' interests and provided for fair and reasonable terms, while True Blue Caulking Pty Ltd contended that certain provisions were overly restrictive and did not align with the company's operational needs. The Commission examined the evidence presented by both parties and assessed the agreement's compliance with the statutory requirements. In its decision, the Commission found that the agreement provided for fair and reasonable terms and conditions of employment and complied with the Act. The Commission approved the enterprise agreement, highlighting that it struck a fair balance between the interests of the employees and the employer.

As a result of the Commission's decision, the enterprise agreement between True Blue Caulking Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period of 2016-2018 was approved. This outcome ensures that the employees covered by the agreement will benefit from the agreed-upon terms and conditions, while also providing the employer with the necessary flexibility to operate their business. The approval of the enterprise agreement serves as a precedent for similar agreements in the industry and contributes to the overall objective of promoting fair and productive workplace relations.

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