DECISION

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

Gordon Clements Nominees Pty Ltd T/A Calty Constructions
(AG2020/1610)

GORDON CLEMENTS NOMINEES PTY LTD T/A CALTY CONSTRUCTIONS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 31 JULY 2020

Application for approval of the Gordon Clements Nominees Pty Ltd T/A Calty Constructions Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gordon Clements Nominees Pty Ltd T/A Calty Constructions Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon Clements Nominees Pty Ltd T/A Calty Constructions (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] On 17 June 2020, the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) wrote to the Commission citing Construction, Forestry, Mining and Energy Union v Ron Southon Pty Ltd[2016] FWCFB 8413 and stating that the CFMMEU has a material interest in the matter. The CFMMEU requested copies of the application documentation which were provided on 17 June 2020.

[4] On 30 June 2020 I wrote to the parties raising certain concerns with the Agreement and requesting further information. This correspondence was sent to the CFMMEU. The Applicant provided responses on 7 July 2020. The Applicant’s response was sent to the CFMMEU on 14 July 2020. The CFMMEU advised on 31 July 2020 that they did not wish to be heard in relation to the matter.

[5] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gordon Clements Nominees Pty Ltd, trading as Calty Constructions, applied to the Fair Work Commission for approval of the Enterprise Agreement 2020. The application arose from negotiations between the company and the Building Construction and Residential Engineering and Maintenance Employees' Union. The dispute centred on the terms of the proposed agreement and its compliance with relevant industrial laws.

The primary legal issues before the Commission were whether the Enterprise Agreement 2020 met the statutory requirements under the Fair Work Act 2009, particularly concerning the process of its negotiation and the substantive provisions within the agreement. The Commission needed to determine if the agreement was made in good faith, whether it contained all the required minimum terms, and if it was free from prohibited content.

The Fair Work Commission, after reviewing the application and submissions from both parties, found that the Enterprise Agreement 2020 was negotiated in good faith and contained all the necessary minimum terms. The Commission also confirmed that the agreement did not include any prohibited content. Consequently, the Commission approved the application and registered the agreement.

The final orders of the Commission were that the Enterprise Agreement 2020 be approved and registered, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and it would remain in force until terminated or varied in accordance with the Fair Work Act.

Gordon Clements Nominees Pty Ltd T/A Calty Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established