DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/112)

PIONEER BUILDING SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 JANUARY 2020

Application for approval of the PIONEER BUILDING SOLUTIONS 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 PIONEER BUILDING SOLUTIONS 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 6 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Pioneer Building Solutions Pty Ltd (Pioneer). The nature of the dispute was the approval of the Pioneer Building Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020. The court hearing this matter was the Fair Work Commission (FWC). The legal issues that the FWC was required to decide were whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees.

The FWC considered the provisions of the proposed enterprise agreement and found that it complied with the Fair Work Act 2009. The FWC also considered the submissions made by the parties and found that the agreement was in the best interests of the employees. The FWC approved the Pioneer Building Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020.

The final orders of the FWC were that the agreement be approved as a registered agreement under section 175 of the Fair Work Act 2009 and that it be registered with the Commission. The FWC also ordered that the agreement be published on the Commission's website and that a copy be provided to each party. The FWC found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

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