DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3400)

BISHOP FAMILY TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 AUGUST 2018

Application for approval of the BISHOP FAMILY TRUST (THE TRUSTEE FOR) 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 BISHOP FAMILY TRUST (THE TRUSTEE FOR) 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 16 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

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement, the BISHOP FAMILY TRUST (THE TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The applicant was the Bishop Family Trust, acting as trustee for the agreement, and the respondent was the CFMEU, acting as the representative for the employees in the relevant industry sector. The dispute centred on whether the proposed agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009. The Commission was required to consider various aspects of the agreement, including its provisions, whether it was made in good faith, and whether it contained the necessary protections for employees.

The primary legal issues before the Commission involved assessing the proposed agreement's compliance with the Fair Work Act 2009 and its regulations. This included examining whether the agreement was made in good faith, whether it provided for the appropriate minimum entitlements for employees, and whether it contained any provisions that were contrary to public policy or unfair. The Commission also had to consider whether the agreement met the "better off overall test" (BOOT), which required the agreement to provide employees with at least the same financial benefits as they would receive under the relevant awards or modern awards.

In reaching its decision, the Commission examined the proposed agreement's provisions in detail and considered submissions from both parties. The Commission found that the agreement was made in good faith and contained provisions that met the requirements of the Fair Work Act 2009. The agreement provided for appropriate minimum entitlements for employees and did not contain any provisions that were contrary to public policy or unfair. The Commission also found that the agreement met the BOOT, as it provided employees with at least the same financial benefits as they would receive under the relevant awards or modern awards. As a result, the Commission approved the proposed agreement, subject to certain conditions.

The Fair Work Commission approved the BISHOP FAMILY TRUST (THE TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, subject to the conditions outlined in the decision. The approval was based on the Commission's determination that the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009. The decision provides clarity for the parties involved and establishes a framework for the operation of the agreement in the relevant industry sector.

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