DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1129)

PROMOTE CONSTRUCTIONS GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the Promote Constructions Group 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 Promote Constructions Group 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 30 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Promote Constructions Group Pty Ltd applied for approval of the Plastering Enterprise Agreement 2016-2018. The application was made under section 234 of the Fair Work Act 2009 (Cth). The application was heard by the Full Bench of the Federal Circuit and Family Court of Australia, led by Justice Mortimer.

The primary issue before the court was whether the agreement was "appropriate" for approval under section 234(c) of the Act. The court considered whether the agreement provided for the terms and conditions of employment of employees, and whether the agreement was not contrary to public policy. The court also examined whether the agreement was appropriate to assist in achieving the objectives of the Act.

Justice Mortimer, delivering the judgment of the Full Bench, held that the agreement was appropriate for approval. The court found that the agreement provided for the terms and conditions of employment of employees and was not contrary to public policy. The court further found that the agreement was appropriate to assist in achieving the objectives of the Act. The Full Bench dismissed the application for special leave to appeal to the High Court.

The court approved the agreement, with the following orders: "The application for approval of the Promote Constructions Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 is approved. The agreement shall be registered as a registered agreement under Part 3-2 of the Fair Work Act 2009 (Cth). The agreement shall be binding on the parties and their employees from 1 January 2016."

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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