DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4363)

LIN & YU PROPERTY TRUST (THE TRUSTEE FOR) T/AS L & Y COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 NOVEMBER 2019

Application for approval of the LIN & YU PROPERTY TRUST (THE TRUSTEE FOR) T/As L & Y COMMERCIAL 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 LIN & YU PROPERTY TRUST (THE TRUSTEE FOR) T/As L & Y COMMERCIAL 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 4 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the LIN & YU PROPERTY TRUST (THE TRUSTEE FOR) trading as L & Y COMMERCIAL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was a dispute concerning the terms of the Plastering Enterprise Agreement 2019-2020. The central issue was whether the agreement should be approved by the Commission as a registered agreement under the Fair Work Act 2009.

The legal issues that the Commission needed to address were whether the agreement complied with the formal requirements of the Fair Work Act and whether it was made in good faith. Specifically, the Commission had to examine whether the agreement was made without any improper conduct, whether it was free from any form of coercion, and whether it contained terms that were consistent with the principles of the Act, including fairness and efficiency. The Commission also had to consider whether the agreement was appropriate for the enterprise, taking into account the specific circumstances of the parties involved.

In assessing the application, the Commission reviewed the bargaining process and the terms of the agreement. The Commission found that the agreement was made in good faith, without any improper conduct or coercion. The terms of the agreement were considered fair and balanced, taking into account the interests of both the employer and the employees. The Commission noted that the agreement provided for appropriate protections for employees and allowed for flexibility in the workplace. The Commission was satisfied that the agreement was appropriate for the enterprise and met the requirements of the Fair Work Act.

The Commission approved the Plastering Enterprise Agreement 2019-2020, declaring it to be a registered agreement. The approval was made on the basis that the agreement was made in good faith, without any improper conduct or coercion, and that it was appropriate for the enterprise. The agreement was to be registered and would have effect as a registered agreement under the Fair Work Act.

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