DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/4064)

SMD PLASTERING 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, 6 JANUARY 2021

Application for approval of the SMD Plastering 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 SMD Plastering 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] While the application is generally in order, the Commission was advised that a copy of the notice of employee representational rights (NERR) was not provided to all employees within 14 days of notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 January 2021 and, in accordance with s 54, will operate from 13 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a Subcontractors Plastering Enterprise Agreement between SMD Plastering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the specifics of the agreement and whether it met the necessary criteria for approval under the Fair Work Act. The case was heard in the Fair Work Commission, the body responsible for resolving workplace disputes and promoting cooperative workplace relations in Australia.

The primary legal issues the Commission needed to address were whether the agreement complied with the legislative requirements for enterprise agreements, including provisions for employee representation, dispute resolution mechanisms, and the overall fairness of terms and conditions. The Commission also examined whether the agreement was made in good faith and without coercion, as mandated by the Act.

The Fair Work Commission carefully considered the arguments presented by both parties, focusing on the specific clauses of the agreement and their alignment with statutory requirements. The Commission noted that the agreement provided for adequate representation and dispute resolution processes, which were essential for ensuring fair treatment of employees. The Commission concluded that the agreement met the legislative criteria, including being made in good faith and without coercion. Consequently, the Commission approved the Subcontractors Plastering Enterprise Agreement 2020-2023.

As a result of the Commission's decision, the agreement was approved and will govern the terms and conditions of employment for the relevant employees from the specified period. The approval ensures that the agreement provides a fair framework for the relationship between the employer and the employees represented by the CFMEU.

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