DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1019)

ZLH 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, 23 APRIL 2020

Application for approval of the ZLH 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 ZLH 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 30 April 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 case involved an application for the approval of the ZLH PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020. The parties were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees, and ZLH PTY LTD, representing the employer. The dispute was heard in the Fair Work Commission, where the CFMEU sought approval of the enterprise agreement for the specified period. The legal issues before the court centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and whether it provided for the minimum terms and conditions as mandated by the Act. The court was tasked with ensuring that the agreement was made in good faith, was not misleading or deceptive, and provided for the employees' minimum entitlements.

The court examined the process by which the agreement was negotiated and whether it was done in a manner that complied with the Act. It also considered whether the agreement contained all the necessary minimum terms and conditions, such as those relating to wages, hours of work, and other employment-related matters. In delivering its decision, the court found that the agreement was appropriately negotiated and contained all the required minimum terms and conditions. The court determined that the negotiation process was conducted in good faith and was not misleading or deceptive. As a result, the court approved the enterprise agreement, finding that it met all the statutory requirements and was fair and reasonable for the employees covered by it.

This decision highlights the importance of ensuring that enterprise agreements are negotiated in accordance with the law and that they provide for the minimum entitlements of employees. The court's approval of the agreement in this case serves as a useful guide for future negotiations and agreements between employers and employees in the plastering industry. The final orders of the court were that the enterprise agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions of the employees covered by it for the specified period, providing a stable and predictable framework for both employers and employees in the industry.

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