DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6358)

CONSART PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 AUGUST 2021

Application for approval of the CONSART PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CONSART PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 (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, Maritime, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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 of the Act, will operate from 11 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the CONSART PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The agreement, if approved, would apply to plasterers employed by Consart Pty Ltd, a small plastering business, and the union sought to have the agreement approved under section 230 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as a new agreement under section 230 of the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement was a new agreement, whether it was made in good faith, and whether it contained the prescribed minimum terms and conditions. The union argued that the agreement was a new agreement, as it was not based on an existing enterprise agreement and was negotiated in good faith. The Commission considered the provisions of the agreement, the process of negotiation, and whether the agreement contained the prescribed minimum terms and conditions. The union submitted that the agreement contained the prescribed minimum terms and conditions, including provisions for minimum wages, penalties for non-compliance, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was a new agreement and that it was made in good faith. The Commission noted that the agreement was negotiated between the parties over a period of several months and that the union had provided evidence of the negotiation process. The Commission also found that the agreement contained the prescribed minimum terms and conditions, including provisions for minimum wages, penalties for non-compliance, and dispute resolution mechanisms. The Commission approved the agreement, stating that it met the requirements of section 230 of the Fair Work Act 2009.

The Fair Work Commission approved the CONSART PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The agreement will apply to plasterers employed by Consart Pty Ltd and will provide them with minimum terms and conditions of employment, including provisions for minimum wages, penalties for non-compliance, and dispute resolution mechanisms. The union and Consart Pty Ltd will be bound by the agreement, and it will remain in effect until the end of the agreement period, unless it is varied or replaced by a new agreement.

Construction, Forestry, Maritime, 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