DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5110)

SOUTH EAST SOLID PLASTERING UNIT TRUST T/AS SOUTH EAST SOLID PLASTERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 AUGUST 2016

Application for approval of the South East Solid Plastering Unit Trust T/As South East Solid Plastering 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 South East Solid Plastering Unit Trust T/As South East Solid Plastering 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. 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, 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 24 August 2016 and, in accordance with s.54, will operate from 31 August 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

In this matter, the Construction, Forestry, Mining and Energy Union sought approval for the South East Solid Plastering Enterprise Agreement 2016-2018. The application was made in the Fair Work Commission, a federal body with jurisdiction to approve, register, and enforce enterprise agreements under the Fair Work Act 2009. The dispute involved the validity and appropriateness of the agreement between the South East Solid Plastering Unit Trust trading as South East Solid Plastering Pty Ltd and the CFMEU (Victorian Construction and General Division).

The central legal issues revolved around whether the agreement was a "bargaining agreement" as defined by the Fair Work Act, and if it met the criteria for approval. The key questions were whether the agreement was made in good faith, if it was genuinely bargained, and if it complied with the "better off overall test" ensuring that employees were no worse off financially than under the relevant award. Additionally, the court had to determine if the agreement appropriately covered the nominated employees and if it contained necessary provisions as mandated by the Act.

The Commission found that the agreement was indeed a genuine bargaining agreement and met the criteria for approval. The evidence presented demonstrated that the agreement was made in good faith and that the parties had genuinely bargained. Furthermore, the Commission concluded that the agreement was better off overall for the employees, as it provided them with benefits that outweighed any financial disadvantages. The agreement was also found to cover the nominated employees appropriately and included all required provisions as stipulated by the Act. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the South East Solid Plastering Enterprise Agreement 2016-2018, thereby making it legally binding on the parties and their employees. The approval ensures that the agreement will govern the employment conditions of the relevant employees for the specified period, providing a framework for the resolution of workplace issues during that time.

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