DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5886)

TRUSTEE FOR GALL FAMILY TRUST T/AS PGP PLASTERING AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Trustee for Gall Family Trust T/As PGP Plastering and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for Gall Family Trust T/As PGP Plastering and CFMEU Union Collective Agreement 2018 - 2022 (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 27 December 2018. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union and the Trustee for the Gall Family Trust trading as PGP Plastering. The dispute centred around the approval of a collective agreement between the parties for the period 2018 to 2022. The case was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The key legal issues before the tribunal were whether the collective agreement met the statutory requirements for approval and whether the agreement was in the best interests of the employees. This involved an assessment of whether the agreement was made in good faith, whether it was free from any improper conduct, and whether it provided fair and reasonable terms and conditions of employment.

The tribunal found that the collective agreement was made in good faith and was free from any improper conduct. It was determined that the agreement provided fair and reasonable terms and conditions of employment for the workers. The tribunal approved the collective agreement, noting that it would provide stability and certainty for both the employees and the employer.

The tribunal ordered that the collective agreement be approved and registered with the Fair Work Commission. The agreement was to take effect from 1 July 2018 and remain in force until 30 June 2022, subject to any modifications or terminations that may occur in accordance with the agreement or applicable law.

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