DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4615)

CMM GROUP PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2019

Application for approval of the CMM 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 CMM 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 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 20 December 2019. 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 matter before the Fair Work Commission (FWC) involved an application for approval of the CMM Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020. The FWC was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The application for approval came from CMM Group Pty Ltd, while the CFMEU (Victorian Construction and General Division) represented the interests of the employees.

The primary legal issues the FWC had to address were whether the agreement provided for fair and reasonable terms and conditions for employees and whether it complied with the provisions of the Fair Work Act. The FWC also considered the application of the "better off overall test" to ensure that the agreement would not place employees in a worse position than if they were covered by the relevant award. Additionally, the FWC examined whether the agreement appropriately dealt with minimum entitlements, the process for resolving disputes, and whether it included any provisions that could potentially undermine the operation of the award.

The FWC found that the agreement met the necessary legal criteria for approval. It was satisfied that the agreement provided for fair and reasonable terms and conditions for employees, as it included provisions for wages, penalty rates, and conditions that were no less favourable than those in the relevant award. The FWC also concluded that the "better off overall test" was satisfied, as the agreement provided employees with a higher rate of pay and better conditions than if they were covered by the award alone. Furthermore, the FWC determined that the agreement contained adequate dispute resolution mechanisms and did not include any provisions that could undermine the operation of the award. Therefore, the FWC approved the Plastering Enterprise Agreement 2019-2020.

The FWC's final order was the approval of the CMM Group Pty Ltd and CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020. The agreement was deemed to be compliant with the Fair Work Act and met all the necessary legal criteria for approval. The approval came into effect on the date of the FWC's decision, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between CMM Group Pty Ltd and the employees represented by the CFMEU (Victorian Construction and General Division).

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