DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4457)

EXPRESS INTERIORS 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, 3 DECEMBER 2019

Application for approval of the EXPRESS INTERIORS 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 EXPRESS INTERIORS 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Express Interiors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020. The applicant, Express Interiors Pty Ltd, sought approval of the agreement under the Fair Work Act 2009, which provides the framework for the registration and operation of enterprise agreements in Australia. The dispute centred around the terms of the proposed agreement, particularly concerning the classification and remuneration of employees within the plastering industry.

The central legal issue for the Commission to determine was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the process outlined in the Act for the approval of enterprise agreements. The Commission also considered whether the agreement complied with the applicable modern awards and whether it appropriately balanced the interests of the employees and the employer.

In reaching its decision, the Commission examined the provisions of the proposed agreement and the submissions made by both parties. The Commission noted that the agreement provided for terms and conditions that were consistent with the relevant modern award and provided for a fair and reasonable outcome for the employees. The Commission was satisfied that the agreement had been negotiated in good faith and that it appropriately balanced the interests of both the employer and the employees. The Commission found that the agreement complied with the statutory requirements for approval and granted the application for approval of the enterprise agreement.

The Fair Work Commission approved the Express Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020, effective from the date of the decision. The approval was subject to the terms and conditions outlined in the agreement, which were deemed to be fair and reasonable, and in compliance with the Fair Work Act and relevant modern award.

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