DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5187)

NEWLAND, HAYDEN KENT MICHAEL T/AS HAYDENS PLASTERING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the NEWLAND, HAYDEN KENT MICHAEL T/As HAYDENS PLASTERING 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 NEWLAND, HAYDEN KENT MICHAEL T/As HAYDENS PLASTERING 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 5 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 Fair Work Commission was an application for approval of the Plastering Enterprise Agreement 2016 - 2018, which was entered into between the Newland, Hayden Kent Michael, trading as Haydens Plastering, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The union sought approval of the agreement as a registered agreement under the Fair Work Act 2009, with the application being heard by the Commission on 11 December 2017. The employer did not oppose the application, but raised concerns about certain provisions within the agreement, specifically in relation to the classification of employees and the calculation of penalty rates.

The legal issues before the Commission involved determining whether the agreement met the criteria for approval under section 231 of the Fair Work Act. This included examining whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements, and whether it included the minimum terms and conditions as specified in the Act. The Commission also needed to consider whether the concerns raised by the employer about the classification and penalty rates provisions were valid and whether they impacted the overall fairness and balance of the agreement.

The Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith and complied with the procedural requirements. The classification of employees and the calculation of penalty rates provisions were considered, and the Commission concluded that while there were some issues with the classification of certain employees, these did not significantly impact the overall fairness of the agreement. The Commission determined that the agreement provided for the minimum terms and conditions required by the Act and approved the agreement as a registered agreement. The concerns raised by the employer were addressed through specific directions issued by the Commission, which required the employer to take steps to ensure compliance with the agreement in relation to the classification of employees and the calculation of penalty rates.

The Fair Work Commission approved the Plastering Enterprise Agreement 2016 - 2018 as a registered agreement, with specific directions issued to the employer to address the concerns raised about the classification of employees and the calculation of penalty rates. The employer was required to take steps to ensure compliance with the agreement in relation to these matters, and the agreement was to be registered on the Register of Approved Agreements. The Commission considered the overall fairness and balance of the agreement, and found that it met the requirements for approval under 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