DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4717)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Expoconti 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 Expoconti 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 4 August 2016 and, in accordance with s.54, will operate from 11 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 parties involved in the application were Expoconti Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute arose from the application for approval of the Expoconti Pty Ltd and CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission (FWC), which is the Australian workplace relations tribunal.

The primary legal issues addressed by the FWC included whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically concerning the coverage of the agreement, the representation of employees, and compliance with the procedural requirements. The FWC needed to determine whether the agreement had been negotiated in good faith and whether it contained provisions that were fair and reasonable. The court also considered whether the agreement provided for a genuine resolution of the issues between the parties and whether it complied with the national employment standards.

The FWC found that the application for approval of the agreement was made in compliance with the procedural requirements of the Fair Work Act. It was determined that the agreement was negotiated in good faith and that the union had adequately represented the employees. The FWC concluded that the agreement provided for a genuine resolution of the issues between the parties and that it complied with the national employment standards. The FWC approved the agreement, finding it to be fair and reasonable. The FWC noted that the agreement contained provisions for wages, hours of work, and other conditions of employment that were consistent with industry standards and provided for appropriate dispute resolution mechanisms.

The final orders of the FWC were that the Expoconti Pty Ltd and CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act. The agreement was to be in effect from 1 July 2016 until 30 June 2018, subject to any modifications that may be required by the FWC in the future. The FWC also directed that the agreement be published on its website and that copies be provided to the parties and their respective members.

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