DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5268)

INK CONSTRUCTIONS PTY LTD T/AS I & K INTERIORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the INK Constructions Pty Ltd T/As I & K Interiors 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 INK Constructions Pty Ltd T/As I & K Interiors 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 6 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 before the court involved an application for the approval of the INK Constructions Pty Ltd T/As I & K Interiors and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The applicant, INK Constructions, sought approval of the agreement which was made between the employer and the union representing the employees. The dispute centred around whether the agreement complied with the relevant legislative provisions and if it adequately met the requirements for fair and equitable terms and conditions of employment.

The central legal issues that the court had to determine were whether the agreement contained all the prescribed terms and conditions as stipulated by the Fair Work Act 2009 and if the agreement was made in good faith and without coercion. Additionally, the court examined if the agreement provided for a fair and efficient means of dispute resolution and if it ensured the protection of employees' rights and interests.

In reaching its decision, the court meticulously reviewed the agreement and considered the arguments presented by both parties. The court found that the agreement did indeed include all the prescribed terms and conditions as required by the Fair Work Act 2009. Furthermore, the court was satisfied that the agreement was made in good faith and without coercion. The court also determined that the agreement provided for a fair and efficient means of dispute resolution and ensured the protection of employees' rights and interests. Consequently, the court approved the agreement.

The final orders of the court were to approve the INK Constructions Pty Ltd T/As I & K Interiors and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The court’s decision affirmed the validity of the agreement, ensuring that it would be binding between the parties involved and providing a clear framework for the terms and conditions of employment during the specified period.

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