DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3936)

ARC PLASTERING & CO 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, 30 DECEMBER 2020

Application for approval of the ARC PLASTERING & CO 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 ARC PLASTERING & CO 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 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

The matter before the Fair Work Commission involved an application for the approval of the ARC Plastering & Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees, and opposed by ARC Plastering & Co Pty Ltd, the employer. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The central legal issues the Fair Work Commission was required to address were whether the proposed enterprise agreement contained all the mandated minimum terms and conditions, as outlined in the Fair Work Act. This included ensuring that the agreement met the "better off overall test" (BOOT), which required that employees be no worse off financially and, where possible, better off overall than under the applicable award. Additionally, the Commission needed to determine whether the agreement was free from any unfair provisions that might unduly impact the rights and interests of the employees.

In its decision, the Commission examined the terms and conditions of the proposed agreement in detail, including wage rates, working hours, leave entitlements, and other employment-related matters. The Commission found that the agreement comprehensively addressed all mandated minimum terms and conditions and passed the better off overall test. The proposed agreement provided employees with improved terms and conditions compared to the applicable award, particularly in areas such as overtime rates and leave provisions. The Commission concluded that the agreement was fair and reasonable, and approved it on the basis that it was in the best interests of the employees.

Consequently, the Fair Work Commission approved the ARC Plastering & Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement now serves as the governing instrument for the employment conditions of the employees covered by the 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