DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4803)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 AUGUST 2016

Application for approval of the Kure Enterprises 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 Kure Enterprises 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 12 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 applicant, Kure Enterprises Pty Ltd, sought approval for an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) for its plastering workers. The agreement was for the period 2016-2018. The dispute was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, and if it met the requirements set out in the Fair Work Act 2009.

In determining whether the agreement was genuine, the Commission considered various factors, including the process by which the agreement was negotiated, the involvement of the parties, and whether the agreement fairly reflected the bargaining positions of the parties. The Commission also examined whether the agreement met the specific requirements of the Fair Work Act, such as provisions for minimum terms and conditions of employment, and whether it complied with any relevant awards or other instruments. The Commission found that the agreement was genuinely negotiated and met all legal requirements.

The Fair Work Commission approved the enterprise agreement, finding that it was a genuine agreement that appropriately reflected the bargaining positions of the parties. The Commission noted that the agreement provided for fair terms and conditions of employment, and that it complied with the relevant provisions of the Fair Work Act and any applicable awards. The Commission did not make any specific orders, as the approval of the enterprise agreement was the primary outcome of the case.

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