DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3866)

STAR CEILINGS AND PARTITIONS 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, 23 DECEMBER 2020

Application for approval of the STAR CEILINGS AND PARTITIONS 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 STAR CEILINGS AND PARTITIONS 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 30 December 2020. 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, on behalf of several employees, applied for approval of the STAR CEILINGS AND PARTITIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The dispute centred on the terms of the proposed enterprise agreement, specifically those related to wages, conditions, and other employment aspects. The Commission was tasked with determining whether the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act and whether it complied with the "better off overall test". The Commission also needed to consider whether the agreement was negotiated in good faith and whether it provided for the proper classification of employees. Furthermore, the Commission had to assess whether the agreement unfairly disadvantaged any group of employees.

The Fair Work Commission held that the proposed enterprise agreement complied with the mandatory requirements of the Fair Work Act and met the better off overall test. The Commission found that the agreement was negotiated in good faith and provided for the proper classification of employees. It also concluded that the agreement did not unfairly disadvantage any group of employees. The Commission approved the enterprise agreement, stating that it was fair and reasonable, and met all the necessary criteria under the Act. The Commission's decision was based on the evidence presented and the arguments made by both parties during the hearing.

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