DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4445)

ARC PLASTERING & CO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 DECEMBER 2019

Application for approval of the ARC PLASTERING & CO 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 ARC PLASTERING & CO 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 10 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 involved an application for the approval of the ARC PLASTERING & CO PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020. The parties to the dispute were ARC Plastering & Co Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed enterprise agreement complied with the necessary legislative requirements and whether it could be approved under the relevant industrial relations laws.

The primary legal issues before the Commission included whether the agreement met the procedural requirements set out in the Fair Work Act 2009, such as the proper negotiation and disclosure processes, and whether it complied with the substantive requirements, including provisions on wages, conditions, and other employment terms. The Commission also had to consider whether the agreement was in the best interests of the employees and the employer and if it adhered to the "better off overall test" (BOOT).

The Commission examined the evidence and submissions from both parties, focusing on the negotiation process, the contents of the agreement, and its implications for the employees and the employer. The Commission found that the agreement was negotiated in good faith and that it met all procedural requirements. It also determined that the agreement satisfied the substantive requirements and was in the best interests of the employees, as it provided them with fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was "better off overall" for the employees, meeting the necessary threshold for approval under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

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