DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4962)

TWO DIMENSION GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2021

Application for approval of the Two Dimension Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Two Dimension Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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.

[3] The CFMMEU, 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 CFMMEU.

[4] The Agreement was approved on 12 May 2021 and, in accordance with s 54, will operate from 19 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties to the proceedings were Two Dimension Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was before the Fair Work Commission, which was required to decide whether to approve an enterprise agreement between the parties. The agreement in question was the Two Dimension Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The Commission had to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum rates of pay and conditions, and whether it was free from prohibited content.

In considering whether to approve the agreement, the Commission examined the evidence and submissions provided by the parties. The Commission noted that the agreement provided for minimum rates of pay and conditions for employees, and that it did not contain any prohibited content. The Commission also considered the views of the employees who would be covered by the agreement, and found that the majority of those employees supported the agreement. The Commission concluded that the agreement met the requirements of the Fair Work Act, and was in the best interests of the employees who would be covered by it.

Accordingly, the Commission approved the Two Dimension Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The agreement will now apply to employees who are covered by it, and will provide them with minimum rates of pay and conditions for the period of the agreement. The approval of the agreement is an important step in ensuring that employees in the plastering industry receive fair and reasonable pay and conditions.

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