DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4375)

WORLD CEILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 NOVEMBER 2019

Application for approval of the World Ceiling 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 World Ceiling 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 3 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 approval of the World Ceiling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020. The application was brought under the Fair Work Act 2009, which mandates that enterprise agreements be approved by the Fair Work Commission before they can be registered and become legally binding. The Commission was tasked with determining whether the agreement met the legal requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any prohibited content.

The primary legal issue before the Commission was whether the agreement contained any provisions that were contrary to the public interest, as well as whether it included terms that were unfair or unreasonable. This involved a detailed examination of the agreement's provisions to ensure they adhered to the legislative criteria for enterprise agreements. Additionally, the Commission considered whether the agreement had been genuinely negotiated between the parties and whether it provided for the protection of employees' rights and interests.

In reaching its decision, the Commission found that the agreement was fair and reasonable, and did not contain any provisions that were contrary to the public interest. The Commission also determined that the agreement had been genuinely negotiated and was in compliance with all relevant legislative requirements. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions for the employees covered by the agreement. The Commission's decision was based on a comprehensive analysis of the agreement's provisions, as well as a consideration of the parties' submissions and the evidence presented. The Commission's approval of the agreement means that it can now be registered and will become legally binding on the parties.

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