DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4918)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2016

Application for approval of the CMM Group 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 CMM Group 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 16 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

The matter involved an application for the approval of a specific enterprise agreement between the CMM Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement in question pertained to plastering workers and was for the period 2016 to 2018. The dispute was brought before the Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes.

The primary legal issues before the Commission were whether the enterprise agreement was made in accordance with the relevant legislative requirements and whether it contained appropriate provisions for the protection of employees' rights and interests. This included an examination of whether the agreement was made without compulsion or undue influence, whether it was in writing, and whether it complied with the Fair Work Act 2009. The Commission also needed to determine whether the agreement contained the prescribed minimum terms and conditions as required by law.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. The Commission noted that the agreement was made in good faith and without any element of compulsion or undue influence. It was found that the agreement was in writing and contained all the necessary prescribed minimum terms and conditions. The Commission was satisfied that the agreement was made in accordance with the relevant legislative requirements and that it provided adequate protection for the employees' rights and interests. Based on this, the Commission approved the enterprise agreement.

The Fair Work Commission approved the CMM Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018.

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