DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3824)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2020

Application for approval of the ULTIMATE INTERIOR GROUP 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 ULTIMATE INTERIOR GROUP 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 29 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

The case involves an application for the approval of the ULTIMATE INTERIOR GROUP PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. This dispute was adjudicated in the Fair Work Commission. The central legal issues pertained to whether the agreement met the criteria for approval as set out in the Fair Work Act 2009, specifically focusing on whether the agreement provided for fair and reasonable terms and conditions of employment and if it had been genuinely bargained. The court had to determine if the agreement was free from any unfair provisions and if it had been negotiated in good faith.

The Fair Work Commission examined the negotiation process and the terms of the agreement. It assessed whether there was evidence of genuine bargaining and whether the terms of the agreement were fair and reasonable. The court considered the submissions from both parties and the evidence provided. It concluded that the agreement was the product of genuine bargaining and that its terms were fair and reasonable. The Commission found that the agreement adequately provided for the terms and conditions of employment, including wages, hours of work, leave entitlements, and other relevant matters.

As a result, the Fair Work Commission approved the ULTIMATE INTERIOR GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The agreement was deemed to be in compliance with the requirements of the Fair Work Act 2009, and thus, it was approved and can be registered with the Fair Work Commission. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between the parties for the specified period.

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