DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2995)

EIGHT INTERIORS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 26 AUGUST 2019

Application for approval of the Eight Interiors Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Eight Interiors Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 2 September 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Eight Interiors Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. Eight Interiors Pty. Ltd. opposed the application on the basis that the agreement contained provisions which were not in the best interests of the employees. The FWC was required to determine whether the provisions of the enterprise agreement were in the best interests of the employees, having regard to the best interests factors contained in section 234 of the Fair Work Act 2009 (Cth).

The FWC found that the provisions of the enterprise agreement were in the best interests of the employees, having regard to the best interests factors. The FWC was satisfied that the agreement provided for fair and equitable terms and conditions of employment, including provisions for wages and conditions that were no less favourable than the applicable award or modern award. The FWC also found that the agreement provided for a fair and efficient process for the resolution of workplace disputes, including provisions for dispute resolution mechanisms that were accessible and affordable for employees. The FWC was satisfied that the agreement provided for a fair and effective system for the protection of employees' health and safety in the workplace.

The FWC approved the enterprise agreement. The agreement will now apply to the employees of Eight Interiors Pty. Ltd. from 1 July 2016 until 30 June 2018, unless it is terminated earlier in accordance with its provisions.

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