Building Plastics Holdings Pty Ltd T/A Building Plastics Holdings Pty Ltd Summary

[2013] FWCA 100

FAIR WORK COMMISSION

DECISION

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

Building Plastics Holdings Pty Ltd T/A Building Plastics Holdings Pty Ltd
(AG2012/14199)

BUILDING PLASTICS HOLDINGS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Building Plastics Holdings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Building Plastics Holdings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Building Plastics Holdings Pty Ltd T/A Building Plastics Holdings Pty Ltd. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 January 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Building Plastics Holdings Pty Ltd, trading as Building Plastics Holdings Pty Ltd, applied to the Fair Work Commission for approval of the Building Plastics Holdings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Fair Work Commission heard the application and made a decision on whether the agreement should be approved. The legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, including whether it was made in good faith and whether it dealt with the employees' pay and conditions of employment.

The Commission found that the agreement was made in good faith and that it dealt with the employees' pay and conditions of employment. The Commission also found that the agreement met the other statutory requirements under the Fair Work Act. The Commission approved the agreement, subject to certain modifications, and made orders to that effect. The modifications related to the definition of "employee" in the agreement and the calculation of overtime rates for certain employees. The Commission considered that these modifications were necessary to ensure that the agreement complied with the Fair Work Act and to prevent any potential unfairness or uncertainty in its operation.

Building Plastics Holdings Pty Ltd T/A Building Plastics Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established