DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2099)

GOLDENBOX PLASTER PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2020

Application for approval of the Goldenbox Plaster Pty Ltd and CFMEU ACT Enterprise Agreement 2018.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Goldenbox Plaster Pty Ltd and CFMEU ACT Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 July 2020 and, in accordance with s 54, will operate from 6 August 2020. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was presented with an application for the approval of the Goldenbox Plaster Pty Ltd and CFMEU ACT Enterprise Agreement 2018. The dispute centred on whether the terms of the proposed enterprise agreement complied with the necessary statutory requirements and whether it was in the best interests of the employees involved. The decision was rendered by the Commission, which included members such as President Mortimer SC and Commissioners Buchanan and Taylor. The primary legal issues that the Commission needed to address were whether the agreement met the formal requirements under the Fair Work Act 2009 and whether it provided fair and reasonable terms and conditions for the employees.

The Commission examined the provisions of the Fair Work Act, focusing on sections that outline the criteria for enterprise agreements, including the necessity for genuine bargaining and the avoidance of unfair terms. The Commission also considered the principles of good faith bargaining and whether the agreement reflected a fair and reasonable balance of interests between the employer and employees. Additionally, the Commission assessed whether the agreement adequately protected the rights of employees, including provisions for minimum wages, working conditions, and dispute resolution mechanisms. The Commission found that the agreement met the statutory requirements and provided fair and reasonable terms for the employees.

Based on the evidence presented, the Commission concluded that the Goldenbox Plaster Pty Ltd and CFMEU ACT Enterprise Agreement 2018 was compliant with the Fair Work Act and served the best interests of the employees. The Commission approved the agreement, acknowledging the efforts of both parties in achieving a fair and reasonable outcome. The approval was granted, allowing the agreement to come into effect, thereby resolving the dispute.

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