DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/552)

CAULKRITE PTY LTD AND CFMEU (VICTORIA) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2017

Application for approval of the Caulkrite Pty Ltd and CFMEU (Victoria) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Caulkrite Pty Ltd and CFMEU (Victoria) 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 the 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 March 2017 and, in accordance with s.54, will operate from 22 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Caulkrite Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victoria). The primary dispute centred around the terms and conditions outlined within the proposed agreement and whether they complied with the necessary legal standards and requirements.

The court was tasked with determining several key legal issues. These included whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, including whether the agreement provided for the terms and conditions of employment, was made in good faith, and complied with the procedural requirements. Another significant issue was whether the agreement adequately balanced the interests of both the employer and the employees.

The Fair Work Commission, in its decision, examined the procedural fairness of the bargaining process, the substantive fairness of the terms within the agreement, and whether the agreement adhered to the statutory requirements. The Commission noted that the bargaining process was conducted in good faith, and the terms of the agreement were fair and reasonable. It was found that the agreement provided for the terms and conditions of employment, including pay rates, leave entitlements, and other working conditions, and that it complied with the necessary statutory provisions. The Commission ultimately approved the enterprise agreement, finding that it met all the legal criteria required for such approval.

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