DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3126)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2018

Application for approval of the DELTA 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 DELTA 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 2 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 case involved an application for the approval of the Delta Interiors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission, an Australian workplace relations tribunal, to assess whether the agreement met the necessary legal criteria for endorsement.

The key legal issues before the Commission were whether the agreement adhered to the requirements of section 230 of the Fair Work Act 2009, including whether it contained the mandated minimum terms and conditions of employment, and whether it had been genuinely negotiated between the employer and the union. Furthermore, the Commission needed to determine if the agreement was in the best interests of the employees covered by it.

The Commission examined the provisions of the agreement, finding that it included all the necessary minimum terms and conditions as stipulated by the Fair Work Act. It was also satisfied that the agreement had been genuinely negotiated between the parties and was in the best interests of the employees. The Commission noted that the agreement provided for a fair and equitable distribution of benefits and protections for the employees, and that it reflected the bargaining positions of both the employer and the union. Therefore, the Commission approved the agreement under section 231 of the Act.

Consequently, the Fair Work Commission granted approval for the Delta Interiors Pty Ltd and CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, determining that it met all the necessary legal criteria and was in the best interests of the employees it covered.

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