DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/982)

CZ VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the CZ Victoria 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 CZ Victoria 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 19 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 present matter involves an application for approval of a proposed enterprise agreement between CZ Victoria Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, as the relevant body for such approvals. The primary dispute centres around whether the proposed enterprise agreement meets all statutory requirements for registration under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided adequate protections and benefits for the employees, and whether it complied with the procedural and substantive requirements of the Fair Work Act. This included scrutiny of the agreement's provisions regarding wages, conditions, dispute resolution mechanisms, and the process through which the agreement was negotiated and agreed upon. The Commission also needed to assess if the agreement was free from any prohibited content and if it had been genuinely negotiated between the parties.

The Fair Work Commission, after thorough consideration, determined that the proposed enterprise agreement was compliant with the relevant statutory requirements. The Commission found that the agreement provided fair and reasonable terms and conditions for employees, included appropriate dispute resolution mechanisms, and was negotiated in good faith. The Commission also confirmed that the agreement was free from any prohibited content and that the necessary procedural steps had been followed correctly. Consequently, the application for approval was successful, and the agreement was duly registered.

No additional orders were made beyond the approval and registration of the enterprise agreement. The decision ensures that the terms and conditions set forth in the agreement will govern the employment relationship between CZ Victoria Pty Ltd and its employees, as represented by the CFMEU (Victorian Construction and General Division), for the specified period.

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