DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1116)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	CANBERRA, 16 APRIL 2018

Application for approval of the Nokin 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 Nokin 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 23 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Nokin Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, the Fair Work Commission was required to determine whether the agreement met the requirements of section 230 of the Fair Work Act 2009. The applicant, Nokin Pty Ltd, sought approval of the agreement, which was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement contained certain unfair terms and provisions that contravened the provisions of the Fair Work Act.

The primary legal issue before the Commission was whether the enterprise agreement contained unfair terms and provisions, which would render it ineligible for approval under section 230 of the Fair Work Act. The Commission had to consider the provisions of the agreement and determine whether they met the criteria for being deemed unfair. This involved an examination of the agreement's terms and conditions, including those related to wages, hours of work, and other employment-related matters.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant legal provisions. The Commission found that certain provisions in the agreement were indeed unfair, as they contravened the Fair Work Act's provisions. However, the Commission also noted that the overall agreement was beneficial to the employees and provided a fair and reasonable outcome for both parties. Therefore, the Commission decided to approve the enterprise agreement, with some modifications to address the identified unfair provisions. The final orders of the Commission included the approval of the agreement, subject to the specified modifications, and the requirement for the parties to implement the amended agreement within a specified timeframe.

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