DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1227)

OBIC FAMILY TRUST 1 T/AS JEM CEILING AND WALLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 APRIL 2018

Application for approval of the Obic Family Trust 1 T/As Jem Ceiling and Walls 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 Obic Family Trust 1 T/As Jem Ceiling and Walls 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 12 April 2018 and, in accordance with s.54, will operate from 19 April 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 before the Fair Work Commission involved an application for the approval of the Obic Family Trust trading as Jem Ceiling and Walls Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The primary dispute centred on whether the agreement met the necessary legal standards for enterprise agreements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement contained all the mandated terms and conditions and whether it was fairly negotiated and appropriately presented to the employees.

The legal issues the Commission needed to resolve included whether the agreement complied with the procedural requirements of the Fair Work Act, whether it included all the permissible terms and conditions, and if it was genuinely negotiated and presented to the employees. The Commission had to assess the fairness of the agreement, including whether it met the "better off overall test" and whether the process of negotiation and presentation was appropriate and fair. Furthermore, the Commission needed to ensure that the agreement did not discriminate against any particular class of employees and was not inconsistent with any federal or state law.

The Fair Work Commission, after a thorough examination of the evidence and submissions from both parties, found that the agreement met all the necessary legal requirements. The Commission confirmed that the agreement contained all the mandated terms and conditions and was fairly negotiated and presented to the employees. The agreement passed the "better off overall test," ensuring that employees were not disadvantaged by the terms of the agreement. The Commission concluded that the agreement was appropriate and fair and did not discriminate against any particular class of employees. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act.

The final orders of the Commission included the approval of the Obic Family Trust trading as Jem Ceiling and Walls Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The agreement was deemed to be legally compliant, fairly negotiated, and appropriately presented to the employees. The Fair Work Commission's approval signified that the agreement met all the necessary requirements under the Fair Work Act.

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