DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3674)

SM PROLINE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) GREENFIELDS PLASTERING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 AUGUST 2018

Application for approval of the SM PROLINE PTY LTD and the CFMEU (Victorian Construction and General Division) Greenfields Plastering Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of a greenfields agreement known as the SM PROLINE PTY LTD and the CFMEU (Victorian Construction and General Division) Greenfields Plastering Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 24 August 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the SM PROLINE PTY LTD and the CFMEU (Victorian Construction and General Division) Greenfields Plastering Enterprise Agreement 2016-2018. The dispute centred around the terms of the proposed enterprise agreement and whether it met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to consider several legal issues, including whether the agreement complied with the "better off overall test", whether the agreement provided for the genuine and meaningful participation of employees, and whether the agreement complied with the provisions of the Fair Work Act.

The Commission found that the agreement was in compliance with the "better off overall test" as it provided for a minimum wage increase that was greater than the increase in the relevant index. Furthermore, the Commission found that the agreement provided for the genuine and meaningful participation of employees through the establishment of a joint consultative committee. The Commission also found that the agreement complied with the provisions of the Fair Work Act. Given these findings, the Commission approved the agreement.

The approval of the agreement was subject to certain conditions, including that the parties must provide written confirmation that they have taken all reasonable steps to ensure that employees are aware of the agreement and its terms. Additionally, the agreement was to be registered with the Fair Work Commission within 28 days of the approval order. The Commission's decision provides clarity on the requirements for the approval of enterprise agreements and the importance of ensuring genuine and meaningful participation of employees.

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