DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/741)

TYSON HOFSTEE FAMILY TRUST (THE TRUSTEE FOR) T/AS ABSOLUTE CAULKER AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the Tyson Hofstee Family Trust (The Trustee for) T/As Absolute Caulker and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Tyson Hofstee Family Trust (The Trustee for) T/As Absolute Caulker and the CFMEU (Victorian Construction and General Division) Specialised Rope Access 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 23 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEUV) and the Tyson Hofstee Family Trust (Trading as Absolute Caulker) applied for approval of the Enterprise Agreement. The CFMEU is a registered organisation under the Fair Work Act 2009, representing employees in the construction, forestry, mining, and energy industries. The Tyson Hofstee Family Trust, trading as Absolute Caulker, is a registered organisation under the Fair Work Act 2009, representing employers in the caulking and construction industry. The dispute revolves around the terms and conditions of employment for employees of Absolute Caulker under the proposed Enterprise Agreement for the period 2016 to 2018.

The legal issues before the Court centred on whether the proposed Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the Court needed to determine if the Agreement was in the best interests of the employees, provided a safety net of minimum terms and conditions, and did not unfairly discriminate against any group of employees. The Court also considered whether the Agreement complied with the Good Faith Bargaining obligations under the Fair Work Act 2009.

The Court found that the proposed Enterprise Agreement met all the requirements under the Fair Work Act 2009. The Court concluded that the Agreement was in the best interests of the employees as it provided for a range of benefits, including salary increases, improved leave entitlements, and better working conditions. The Court also found that the Agreement provided a safety net of minimum terms and conditions and did not unfairly discriminate against any group of employees. The Court was satisfied that the Agreement was the product of good faith bargaining between the parties and that the parties had made a genuine attempt to reach an agreement. The Court approved the Enterprise Agreement, and it came into effect on 1 April 2016.

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