| [2020] FWCA 618 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/155)
ULTIMATE INTERIOR GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 6 FEBRUARY 2020 |
Application for approval of the ULTIMATE INTERIOR GROUP 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 ULTIMATE INTERIOR GROUP 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 13 February 2020. The nominal expiry date of the Agreement is 31 January 2020.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2020] FWCA 618
- Case
- [2020] FWCA 618
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the enterprise agreement contained all the mandated provisions, was fairly negotiated, and complied with the good faith bargaining requirements. Specifically, the court had to assess whether the agreement met the requirements for coverage, included all mandatory terms, and was made in good faith. The court also had to determine whether the agreement was likely to have a beneficial effect on the employees and whether it was fair and reasonable in all circumstances.
In considering these issues, the court examined the negotiation process, the content of the agreement, and the potential impact on the employees. The court found that the agreement contained all the mandated provisions, including the minimum wage rates, leave entitlements, and other essential terms. The negotiation process was deemed to have been conducted in good faith, with both parties engaging in discussions and making concessions. The court also concluded that the agreement was likely to have a beneficial effect on the employees, as it provided for improvements in wages and conditions. Based on these findings, the court approved the enterprise agreement.
The final orders of the court were that the ULTIMATE INTERIOR GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020 be approved. The agreement was to be registered with the Fair Work Commission, and it would come into effect on the date of registration. This decision provided certainty to both employers and employees in the plastering industry, as it ensured that the terms and conditions of employment were fair and reasonable.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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