DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/560)

SBC INTERIOR 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, 18 MARCH 2020

Application for approval of the SBC INTERIOR 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 SBC INTERIOR 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 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 25 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of several workers, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was between SBC Interior Pty Ltd and the union. The dispute arose as the employer contested the validity and enforceability of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a valid and enforceable enterprise agreement. This involved assessing if the agreement was made in good faith, contained the necessary minimum terms and conditions, and was supported by a majority of the employees. Another aspect of the dispute involved the Commission's assessment of the employer's arguments regarding the agreement's enforceability and the union's counterarguments. The Commission needed to balance the employer's concerns with the statutory protections afforded to employees under the Act.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The employer's objections were largely based on procedural concerns and did not undermine the validity of the agreement. The Commission determined that the agreement was indeed a protected action ballot agreement and therefore enforceable. The union's conduct was deemed to be in line with the requirements of the Act, and the employer's objections were dismissed.

The Fair Work Commission approved the Plastering Enterprise Agreement 2019 - 2020 between SBC Interior Pty Ltd and the CFMEU (Victorian Construction and General Division). The decision confirmed the agreement's validity and enforceability, rejecting the employer's objections. The agreement now stands as a legally binding contract between the parties, encapsulating the terms and conditions of employment for the relevant workers.

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