DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1744)

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

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MAY 2018

Application for approval of the Pro Image 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 Pro Image 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 May 2018 and, in accordance with s.54, will operate from 28 May 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a proposed enterprise agreement with Pro Image Interiors Pty Ltd. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was the tribunal tasked with deciding whether the agreement met the necessary legal requirements to be approved.

The legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and if it met the requirements for being a "better off overall test" (BOOT). This involved assessing if the agreement provided employees with at least the same terms and conditions as those provided under the relevant award, and if it included no less favourable terms and conditions than those provided for in the applicable award or safety net award. Additionally, the Commission had to determine if the agreement had been fairly negotiated.

The Commission found that the proposed agreement was in compliance with the Fair Work Act 2009 and met the BOOT. The agreement provided employees with terms and conditions that were no less favourable than those provided for in the relevant award. Furthermore, the Commission was satisfied that the agreement had been fairly negotiated between the parties. The Commission approved the Pro Image Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, thereby resolving the dispute.

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