DECISION

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

Chad Plaster and Facades Pty Ltd
(AG2015/1244)

FINISHING TRADES ASSOCIATION OF AUSTRALIA PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015 BETWEEN CHAD PLASTER AND FACADES PTY LTD AND THE CFMEU

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JUNE 2015

Application for approval of the Finishing Trades Association of Australia Plastering Industry Enterprise Agreement 2011-2015 between Chad Plaster and Facades Pty Ltd and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the Finishing Trades Association of Australia Plastering Industry Enterprise Agreement 2011-2015 between Chad Plaster and Facades Pty Ltd and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chad Plaster and Facades Pty Ltd. The Agreement is a single-enterprise agreement.

[2] In my view, the Consultative Mechanisms provision in clause 8 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

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

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 9 June 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Chad Plaster and Facades Pty Ltd, the applicant sought approval of an enterprise agreement between themselves and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Finishing Trades Association of Australia (FTAA) was also involved, representing the interests of the employees in the dispute. The case was heard by the Fair Work Commission (FWC), which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The FWC was required to determine whether the agreement complied with the statutory requirements and whether it was genuinely negotiated.

The primary legal issue before the FWC was whether the enterprise agreement met the criteria for approval under section 173 of the Fair Work Act. This involved assessing whether the agreement was genuinely negotiated, whether it contained the necessary minimum terms, and whether it was free from any illegality or unfair content. Additionally, the FWC had to consider whether the agreement complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009, which governs the recognition of registered organisations as bargaining representatives.

The FWC found that the enterprise agreement was genuinely negotiated and contained the necessary minimum terms. The Commission was satisfied that the agreement was free from any illegality or unfair content, and that the CFMEU was a registered organisation eligible to represent the employees in the negotiation process. The FWC determined that the agreement complied with the statutory requirements and approved it accordingly.

The FWC made an order approving the Finishing Trades Association of Australia Plastering Industry Enterprise Agreement 2011-2015 between Chad Plaster and Facades Pty Ltd and the CFMEU. This decision confirmed the validity of the agreement and provided a legal framework for the employment conditions of the workers involved. The approval of the enterprise agreement ensures that the parties are bound by the terms outlined in the agreement, subject to the provisions of the Fair Work Act.

Chad Plaster and Facades Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established