DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5397)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Endeavour Ceilings Australia 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 Endeavour Ceilings Australia 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, 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, 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 September 2016. 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 matter involved an application for the approval of a new enterprise agreement between Endeavour Ceilings Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, where the tribunal assessed the proposed agreement against the criteria set out in the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary standards for approval, specifically in terms of the fairness of the terms and the process by which the agreement was negotiated.

The primary legal issues before the tribunal were whether the enterprise agreement was fairly negotiated and whether it contained terms that were in line with the objectives of the Fair Work Act. The tribunal examined the negotiation process to determine if it complied with the procedural fairness requirements, and whether the agreement's terms were consistent with the principles of good faith bargaining and procedural fairness. The tribunal also assessed if the agreement adequately protected the rights and interests of the employees and if it aligned with the broader goals of the Fair Work Act.

In rendering its decision, the tribunal considered the evidence presented regarding the negotiation process and the contents of the agreement. It found that the agreement was negotiated in good faith and that the process was fair and transparent. The tribunal also concluded that the terms of the agreement were reasonable and met the requirements of the Fair Work Act. The tribunal highlighted that the agreement provided for adequate protections for employees and reflected the principles of procedural fairness and good faith bargaining. Consequently, the tribunal approved the proposed enterprise agreement.

The Fair Work Commission approved the Endeavour Ceilings Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The tribunal's decision was based on its findings that the agreement was fairly negotiated and contained terms that were consistent with the objectives of the Fair Work Act. The approval of the agreement ensures that the rights and interests of the employees are protected, and it reflects the broader goals of the Fair Work Act.

Construction, Forestry, 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