DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2135)

ESJAY COMMERCIAL PLASTERING 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 Esjay Commercial Plastering 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 Esjay Commercial Plastering 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 case involved an application for the approval of the Esjay Commercial Plastering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission, with the union and the employer being the primary parties. The dispute centred around whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The court had to determine whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it complied with the relevant provisions of the Fair Work Act. This included assessing whether the agreement met the "better off overall test" and whether it contained provisions that were not in the best interest of the employees. Additionally, the court had to consider whether the agreement was made in good faith and whether it addressed all the necessary matters as required by the Act.

The Fair Work Commission found that the agreement met all the necessary legal requirements. The court determined that the agreement provided fair and reasonable terms and conditions for the employees and complied with the relevant provisions of the Fair Work Act. The court found that the agreement passed the "better off overall test" and did not contain any provisions that were not in the best interest of the employees. Furthermore, the court concluded that the agreement was made in good faith and addressed all the necessary matters as required by the Act.

The final orders of the court were that the Esjay Commercial Plastering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from 1 July 2016 to 30 June 2018, subject to the terms and conditions set out in the agreement and any applicable laws.

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