DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4365)

ONEWAY CONSTRUCTIONS 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 ONEWAY CONSTRUCTIONS 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 ONEWAY CONSTRUCTIONS 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

In the matter of an application for approval of the ONEWAY CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020, the Fair Work Commission was tasked with determining the fairness of the agreement. The dispute centred on whether the terms and conditions set out in the enterprise agreement were fair and reasonable, and if they adequately balanced the interests of both the employer and the employees.

The legal issues before the Commission included whether the agreement contained terms that were unfair under the Fair Work Act 2009, and whether it provided adequate protection for employees while also considering the employer's need for flexibility and operational efficiency. The Commission examined the specifics of the agreement, including wage rates, working conditions, and dispute resolution mechanisms, to ensure that it met the statutory requirements for fairness and compliance.

After thorough consideration of the submissions and evidence presented by both parties, the Commission determined that the enterprise agreement was fair and reasonable. The agreement was found to provide a fair balance between the interests of the employer and employees, ensuring that it did not undermine the existing protections afforded by the relevant industrial instruments. Consequently, the Commission approved the enterprise agreement, highlighting the importance of fair and balanced negotiations in achieving outcomes that are acceptable to all parties involved.

The final orders of the Commission were that the enterprise agreement between ONEWAY CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2019 - 2020 was approved, effective from the date of the decision. This approval was contingent upon the agreement being registered with the Fair Work Commission, as required by the Fair Work Act 2009.

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