DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4905)

AIRPORT CEILINGS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the Airport Ceilings (Vic) 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 asthe Airport Ceilings (Vic) 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 9 August 2016 and, in accordance with s.54, 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 Construction, Forestry, Mining and Energy Union (CFMEU) and Airport Ceilings (Vic) Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement. The application was brought before the Full Bench of the Fair Work Commission, which included Commissioner McCabe, Deputy President Marsh, and Deputy President Ryan. The union and the employer sought approval of the proposed enterprise agreement which detailed the terms and conditions of employment for plasterers working at Melbourne Airport. The union and employer argued that the agreement was in the best interests of the employees, providing fair and reasonable terms, and was made in good faith.

The primary legal issue before the Court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Court needed to determine whether the agreement had been made in good faith, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Act. The union and employer submitted that the agreement was made in good faith and provided fair and reasonable terms and conditions of employment. The Court considered the submissions of both parties and examined the contents of the proposed agreement.

The Court found that the proposed enterprise agreement met the statutory requirements for approval under the Act. The agreement had been made in good faith, and it provided for fair and reasonable terms and conditions of employment. The Court was satisfied that the agreement complied with the provisions of the Act and approved the agreement. The Court noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave entitlements, and better working conditions. The Court also noted that the agreement included provisions for dispute resolution and the protection of employees' rights.

The Fair Work Commission approved the Airport Ceilings (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The agreement provides for wage increases, improved leave entitlements, and better working conditions for employees, as well as provisions for dispute resolution and the protection of employees' rights. The Court found that the agreement met the statutory requirements for approval under the Fair Work Act 2009 and was in the best interests of the employees.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established