DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4700)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2018

Application for approval of the PROADVANCE INTERIORS 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 PROADVANCE INTERIORS 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 23 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the PROADVANCE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The primary parties involved were the employer, PROADVANCE INTERIORS PTY LTD, and the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically its Victorian Construction and General Division. The dispute centred around the terms and conditions of the enterprise agreement, which was proposed to govern the employment of plasterers within the specified period. The court was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the court needed to address included whether the agreement provided for the safety, health, and welfare of employees, and whether it included terms that were not contrary to public policy. Additionally, the court had to ensure that the agreement did not adversely affect employees' minimum entitlements and was made in good faith. The court also had to consider whether the agreement had been fairly negotiated and whether it complied with the mandatory provisions set out in the Fair Work Act.

In its decision, the Fair Work Commission examined the contents of the enterprise agreement and assessed them against the statutory criteria. The court found that the agreement did provide adequately for the safety, health, and welfare of employees, and did not include terms that were contrary to public policy. The commission also confirmed that the agreement did not adversely affect employees' minimum entitlements and was made in good faith. The court concluded that the agreement had been fairly negotiated and met the mandatory provisions of the Fair Work Act, leading to the approval of the enterprise agreement.

The final orders of the Fair Work Commission were that the PROADVANCE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 be approved, effective from the date of the decision. This approval ensured that the agreement would govern the employment of plasterers under the terms set out within the specified timeframe.

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