DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5816)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JULY 2021

Application for approval of the BRAVO PLASTERS 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 BRAVO PLASTERS 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others¹, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent application concerning the approval of the BRAVO PLASTERS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023, the Fair Work Commission was tasked with reviewing the proposed enterprise agreement. This agreement, which aimed to establish terms and conditions of employment for subcontractors within the plastering industry in Victoria, was brought before the Commission for approval by the involved parties. The dispute centred on whether the agreement complied with the necessary legal and regulatory standards set out under the Fair Work Act 2009.

The key legal issues that the Commission addressed involved the assessment of whether the agreement met the requirements for being a "registerable" agreement under the Fair Work Act. This included evaluating if the agreement covered all the prescribed minimum terms and conditions, and if it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement would provide for a fair and efficient workplace environment, and whether it adequately protected the rights and interests of both the employers and employees involved.

The Fair Work Commission, after thorough examination of the agreement and the submissions by both parties, determined that the proposed enterprise agreement met all the statutory requirements. The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act. The agreement was also deemed to provide for a fair and efficient workplace environment, with adequate protections for both employers and employees. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

As a result of the Commission's approval, the BRAVO PLASTERS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 has been registered and is now in effect. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationships within the plastering industry in Victoria for the specified period, providing a clear framework for both employers and employees to follow.

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