DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/959)

KIRK PLASTERBOARD PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 5 APRIL 2018

Application for approval of the Kirk Plasterboard Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kirk Plasterboard Pty Ltd / CFMEU Collective Agreement 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 12 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between Kirk Plasterboard Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made under the Fair Work Act 2009, with the Fair Work Commission (FWC) hearing the case. The dispute centred around the terms and conditions outlined in the proposed collective agreement, including matters such as wages, working hours, and other employment conditions.

The central legal issue before the FWC was whether the proposed collective agreement complied with the provisions of the Fair Work Act and if it was fair and reasonable in terms of the employees' interests. The Commission had to assess the agreement against statutory criteria, including whether it provided for the efficient and productive operation of the business, and whether it was in the best interest of the employees.

In determining the application, the FWC considered the submissions from both parties and undertook an analysis of the proposed agreement's provisions. The FWC found that the collective agreement was fair and reasonable, and it complied with the statutory requirements. The FWC approved the Kirk Plasterboard Pty Ltd / CFMEU Collective Agreement 2018, considering it balanced the interests of both the employer and the employees, and it was conducive to the efficient and productive operation of Kirk Plasterboard Pty Ltd.

The FWC approved the collective agreement, making it a legally binding contract between Kirk Plasterboard Pty Ltd and the CFMEU, effective from the date of approval. The agreement would apply to all employees of Kirk Plasterboard Pty Ltd who were members of the CFMEU.

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