DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3708)

WORLD CEILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2020

Application for approval of the WORLD CEILING 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 WORLD CEILING 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. 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 case involved an application by the World Ceiling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of a Subcontractors Plastering Enterprise Agreement 2020-2023. This matter was heard in the Fair Work Commission. The dispute centered around whether the proposed enterprise agreement met the necessary legal standards for approval under the Fair Work Act 2009. The key legal issues the Commission needed to decide were whether the agreement was in the best interests of the employees covered by it and whether it complied with the relevant provisions of the Fair Work Act, including provisions on minimum entitlements and the requirement for genuine bargaining.

In delivering its decision, the Commission examined the evidence presented regarding the bargaining process and the terms of the proposed agreement. The Commission considered whether the agreement provided for minimum entitlements and whether the terms were fair and reasonable. The Commission also assessed whether the agreement had been genuinely bargained between the parties. The evidence showed that the agreement was the result of genuine bargaining efforts, and the terms were considered fair and reasonable. The Commission found that the agreement met the statutory requirements and was in the best interests of the employees, as it provided for appropriate minimum entitlements and other benefits.

The Commission approved the Subcontractors Plastering Enterprise Agreement 2020-2023, finding it to be in the best interests of the employees and compliant with the Fair Work Act. The decision emphasised the importance of genuine bargaining and the need for agreements to provide for fair and reasonable terms. The Commission's approval of the agreement signifies its endorsement of the negotiated terms as fair and in the best interests of the employees. The orders made by the Commission included the approval of the enterprise agreement, which is now legally binding on the parties.

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