DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/161)

CONSART 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, 6 FEBRUARY 2020

Application for approval of the Consart 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 Consart 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Consart Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020, the Fair Work Commission was called upon to consider the application for the agreement's endorsement. The applicant union, the CFMEU, sought approval of the enterprise agreement that outlined the terms and conditions of employment for employees working in the plastering industry. The Fair Work Commission was tasked with examining the agreement to ensure it met the statutory requirements for approval and compliance with the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the enterprise agreement complied with the statutory criteria outlined in the Fair Work Act 2009. This involved assessing whether the agreement provided for a fair and efficient system of employee representation, a process for determining employees' pay and conditions, and whether it contained any provisions that were against public policy or not in the best interests of the employees. Additionally, the Commission had to determine if the agreement was made in good faith and without coercion, and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

Upon reviewing the application and the agreement, the Fair Work Commission found that the enterprise agreement met the necessary statutory requirements for approval. The agreement was deemed to be made in good faith, without any coercion, and was consistent with the provisions of the Fair Work Act 2009. Furthermore, the agreement provided for an efficient system of employee representation, contained provisions for determining employees' pay and conditions, and did not include any terms that were against public policy or not in the best interests of the employees. Consequently, the Commission approved the Consart Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020.

The Fair Work Commission's final orders were that the Consart Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020 be approved in accordance with the statutory requirements outlined in the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and the terms and conditions set out within the agreement would be applicable to the employees covered by the agreement, effective from the date of registration.

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