DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1026)

PROADVANCE INTERIORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 APRIL 2020

Application for approval of the PROADVANCE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the PROADVANCE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020 (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 application was not accompanied by a properly witnessed Form F18. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[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 1 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the PROADVANCE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020 was heard by the Fair Work Commission. The dispute centred on the terms and conditions of employment in the plastering industry, specifically regarding the proposed enterprise agreement between the employer and the union. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. Furthermore, the Commission needed to assess whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for it to provide for the fair and efficient determination of terms and conditions of employment.

The Fair Work Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission noted that the parties had engaged in a genuine and meaningful negotiation process, which resulted in an agreement that balanced the interests of both employers and employees. The agreement was deemed to comply with the relevant provisions of the Fair Work Act, including the requirement for it to provide for the fair and efficient determination of terms and conditions of employment.

As a result, the Fair Work Commission approved the PROADVANCE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020. The agreement will now be registered and will apply to the employees of PROADVANCE INTERIORS PTY LTD who are 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