DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2134)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 JUNE 2018

Application for approval of the CBQ Builders 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 CBQ Builders 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 8 June 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Plastering Enterprise Agreement 2016-2018 between CBQ Builders Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was put forward for consideration by the union, and the employer did not oppose the application. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for enterprise agreements to be approved.

The court was required to determine if the agreement was a genuine enterprise agreement, if it contained the necessary minimum terms and conditions as per the Fair Work Act, and whether the agreement was made in good faith. Additionally, the court examined if the agreement provided for a proper process for the resolution of any disputes that might arise under the agreement. The court also considered whether the agreement was consistent with the provisions of the Act regarding the treatment of employees and the promotion of harmonious, productive and equitable workplace relations.

In assessing the application, the court noted that the agreement contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act. The court was satisfied that the agreement was made in good faith and that it provided for an appropriate process for resolving any disputes. The court concluded that the agreement was a genuine enterprise agreement, compliant with the Act, and promoting harmonious, productive and equitable workplace relations. The court approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Plastering Enterprise Agreement 2016-2018, and it became legally binding on the parties from the date of approval. The agreement was to remain in effect until 30 June 2018, or until terminated earlier in accordance with its provisions. The approval marked the successful conclusion of the application process, providing a framework for the terms and conditions of employment for the relevant employees within the specified period.

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