DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1953)

STAR CEILINGS & PARTITIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2019

Application for approval of the STAR CEILINGS & PARTITIONS 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 STAR CEILINGS & PARTITIONS 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 27 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Star Ceilings & Partitions Pty Ltd (Star) applied to the Fair Work Commission for approval of the Star Plastering Enterprise Agreement 2016-2018. The CFMEU contested the application on the basis that the proposed agreement did not provide for adequate minimum rates of pay and entitlements for employees. The matter was heard by the Commission's Deputy President, Dr Michael Donohue.

The primary issue before the Commission was whether the proposed agreement provided for adequate minimum rates of pay and entitlements. The Commission noted that the proposed agreement provided for rates of pay and conditions of employment that were generally consistent with other enterprise agreements in the industry. The Commission also considered that the proposed agreement provided for a number of protections for employees, such as provisions for the payment of overtime and penalty rates, and provisions for the protection of apprentices and trainees.

After considering the evidence and submissions, the Commission determined that the proposed agreement provided for adequate minimum rates of pay and entitlements for employees. The Commission noted that the proposed agreement provided for rates of pay that were generally consistent with industry standards, and provided for a number of protections for employees. The Commission also noted that the proposed agreement was the product of genuine bargaining between the parties, and that it provided for a number of benefits for employees, such as provisions for the payment of overtime and penalty rates, and provisions for the protection of apprentices and trainees.

The Commission approved the proposed agreement, subject to certain modifications to the text to address the CFMEU's concerns. The modifications related to the payment of overtime and penalty rates, and the protection of apprentices and trainees. The final orders of the Commission included the approval of the proposed agreement, subject to the modifications, and the registration of the agreement on the Register of Approved Agreements.

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