DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/216)

BUXON GROUP PLASTERING & CLADDING 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, 12 FEBRUARY 2020

Application for approval of the BUXON GROUP PLASTERING & CLADDING 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 BUXON GROUP PLASTERING & CLADDING 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 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 19 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the BUXON GROUP PLASTERING & CLADDING PTY LTD. The dispute centred on the application for approval of the Plastering Enterprise Agreement 2019-2020, which was to be made between the CFMEU and the company. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues revolved around whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court had to consider whether the agreement was certified as "no disadvantage" by the Fair Work Commission. Substantively, the court examined whether the agreement met the "better off overall test," ensuring that the employees would not be worse off financially or in terms of conditions compared to their previous arrangements. Additionally, the court considered whether the agreement adhered to the "good faith" requirement, ensuring that the bargaining process was fair and genuine.

In delivering its judgment, the court meticulously reviewed the agreement, assessing its compliance with both procedural and substantive criteria. The court found that the agreement was certified as "no disadvantage," satisfying the procedural requirement. Regarding the substantive criteria, the court concluded that the agreement met the "better off overall test" and adhered to the "good faith" requirement. Consequently, the court approved the application for the agreement, finding it to be in compliance with the relevant provisions of the Fair Work Act.

The final orders of the court were to approve the BUXON GROUP PLASTERING & CLADDING PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020, subject to the conditions and provisions outlined in 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