DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3009)

PLASTERING SOLUTIONS TASMANIA PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2018

Application for approval of the Plastering Solutions Tasmania Pty Ltd and CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Plastering Solutions Tasmania Pty Ltd and CFMEU Enterprise Agreement 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 13 August 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Plastering Solutions Tasmania Pty Ltd and CFMEU Enterprise Agreement 2018. The Fair Work Commission was tasked with assessing whether the terms of the agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement in question was submitted by the CFMEU, representing the employees of Plastering Solutions Tasmania Pty Ltd, a company operating in the Tasmanian plastering industry. The agreement aimed to regulate various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The legal issues at hand centred on whether the terms of the agreement complied with the provisions of the Fair Work Act, particularly sections concerning genuine bargaining, the public interest, and the protection of employees' rights.

The Commission considered whether the agreement was genuinely bargained, reflecting a true agreement between the parties rather than being imposed. It also examined if the agreement was in the public interest, taking into account economic factors and the potential impact on the industry. Additionally, the Commission had to ensure that the agreement did not disadvantage employees and that it provided for fair and reasonable terms. The CFMEU argued that the agreement was the result of genuine negotiations and was beneficial to the employees, while Plastering Solutions Tasmania Pty Ltd contended that certain provisions were overly stringent and could adversely affect the business operations.

Upon reviewing the submissions and evidence presented, the Commission determined that the agreement was genuinely negotiated and reflected the true consensus between the parties. The Commission found that the agreement was in the public interest, taking into account the economic considerations and the need for a stable and fair working environment. The terms of the agreement were deemed to protect employees' rights and did not disadvantage them. Consequently, the Fair Work Commission approved the Plastering Solutions Tasmania Pty Ltd and CFMEU Enterprise Agreement 2018, considering it to be fair and reasonable.

The final orders included the approval of the agreement, with specific terms and conditions outlined in the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to adhere to its provisions. This decision provided clarity and legal certainty for both the employees and the employer, ensuring that the terms of employment were regulated under a duly approved enterprise agreement.

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