DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4524)

EMPIRE COMMERCIAL BUILDINGS 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, 5 DECEMBER 2019

Application for approval of the EMPIRE COMMERCIAL BUILDINGS 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 EMPIRE COMMERCIAL BUILDINGS 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 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 12 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 case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Empire Commercial Buildings Solutions Pty Ltd. The dispute centred around the approval of the Plastering Enterprise Agreement 2019 - 2020. The matter was brought before the Fair Work Commission, the federal workplace relations tribunal of Australia, to determine whether the agreement met the statutory requirements for approval.

The primary legal issue the Commission had to address was whether the agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement contained all the mandatory terms prescribed by the Act, and if it had been fairly negotiated. Furthermore, the Commission considered whether the agreement would have a detrimental effect on employees and whether it complied with the "better off overall test". This test requires that employees be no worse off financially under the new agreement than they would be under the previous agreement or applicable award.

The Commission found that the agreement was compliant with the mandatory terms and had been fairly negotiated. It concluded that the agreement did not have a detrimental effect on employees, and it met the better off overall test. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both the employees and the employer, and approved the agreement. The Commission's decision was based on the evidence presented, including the submissions from both parties, and its interpretation of the relevant legislation.

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