DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4713)

METRE SQUARED SOLID PLASTERING 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 METRE SQUARED SOLID PLASTERING 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 METRE SQUARED SOLID PLASTERING 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 matter before the court involved an application for approval of a proposed enterprise agreement between METRE SQUARED SOLID PLASTERING PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The enterprise agreement, dated 2016-2018, was submitted for endorsement under the Fair Work Act 2009. The primary concern of the court was to determine whether the agreement met the necessary criteria for approval, particularly in terms of whether it provided for fair and reasonable terms and conditions for the employees involved.

The court was tasked with examining several legal issues, including whether the agreement contained provisions that were genuinely bargained between the parties, whether it was free from any coercion or undue influence, and whether it complied with the requirements set forth in the Fair Work Act 2009. The court also had to ensure that the agreement did not unfairly discriminate against any group of employees and that it provided adequate protections for employees' rights and interests.

In reaching its decision, the court considered the submissions and evidence provided by both parties. The court found that the proposed enterprise agreement met all the necessary criteria for approval. The agreement was genuinely negotiated between the parties, free from any coercion or undue influence, and compliant with the provisions of the Fair Work Act 2009. The court was satisfied that the agreement provided fair and reasonable terms and conditions for the employees and did not unfairly discriminate against any group of employees. Consequently, the court approved the enterprise agreement.

The court's final order was that the METRE SQUARED SOLID PLASTERING PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 be approved and endorsed under the Fair Work Act 2009. The agreement was to take effect from the date of the court's approval, ensuring that the terms and conditions of employment for the employees involved were legally binding and enforceable.

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