DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1223)

OUTSTANDING PLASTERING AND CFMEU ENTERPRISE AGREEMENT (TAS) 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 MAY 2019

Application for approval of the Outstanding Plastering and CFMEU Enterprise Agreement (Tas) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Outstanding Plastering and CFMEU Enterprise Agreement (Tas) 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 30 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Outstanding Plastering and CFMEU Enterprise Agreement (Tas) 2019. The applicant sought the approval under section 234 of the Fair Work Act 2009. The respondent, the Department of Treasury and Finance, opposed the application. The court was required to determine whether the agreement was a new agreement that had been fairly negotiated and whether it was in the interests of the employees.

The court considered the arguments of both parties and examined the evidence presented. It found that the agreement was a new agreement that had been fairly negotiated and was in the interests of the employees. The court noted that the agreement provided for a range of benefits for the employees, including pay rates, leave entitlements, and conditions of employment. It also found that the agreement was consistent with the provisions of the Fair Work Act and did not contain any provisions that were inconsistent with the public interest.

Accordingly, the court approved the Outstanding Plastering and CFMEU Enterprise Agreement (Tas) 2019. The agreement is now registered and will apply to the employees covered by the agreement. The court's decision ensures that the employees will receive the benefits provided for in the agreement and that their employment conditions are protected.

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