DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4941)

ALL SUBURBS PLASTERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

Application for approval of the All Suburbs Plastering Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the All Suburbs Plastering Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 10 August 2016 and, in accordance with s.54, will operate from 17 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 the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and All Suburbs Plastering Pty Ltd sought approval of an enterprise agreement. The agreement, covering the period from 2016 to 2018, contained provisions regarding employee entitlements and employment conditions. The dispute primarily revolved around the fairness and appropriateness of the terms of the agreement under the Fair Work Act 2009.

The central legal issues for the Commission to determine were whether the agreement was in the best interests of the employees, and whether it complied with the relevant legislative requirements. Key points of contention included the classification of certain workers, the calculation of overtime, and the provisions for shift work and rest periods. The Commission had to assess whether the agreement provided for fair and reasonable terms, taking into account the need for a balance between the rights and interests of the employees and the operational requirements of the employer.

In delivering its decision, the Commission considered the submissions and evidence provided by both parties. It examined the nature of the work performed by the employees and the specific conditions under which they operated. The Commission found that the agreement contained provisions that were fair and reasonable, taking into account the particular circumstances of the industry and the bargaining positions of the parties. The Commission approved the enterprise agreement, noting that it provided for appropriate terms and conditions that were in the best interests of the employees and compliant with the relevant legislative framework.

The Fair Work Commission approved the All Suburbs Plastering Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The approval was made on the basis that the agreement met the necessary standards for fairness and reasonableness, as required under the Fair Work Act 2009.

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