DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4766)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 4 AUGUST 2016

Application for approval of the World Ceiling 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 World Ceiling 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 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 matter before the court involved an application for the approval of an enterprise agreement between World Ceiling Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009. The court was the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issues that the court needed to address were whether the agreement met the criteria for registration under section 231 of the Fair Work Act and whether it was in the interests of the employees. Specifically, the court had to consider whether the agreement was sufficiently in the employees' interests, whether it contained the necessary minimum terms, and whether it had been made in good faith. The court also needed to examine whether the agreement complied with the process requirements outlined in the Fair Work Act.

In reaching its decision, the court examined the agreement in detail, taking into account the submissions and evidence provided by both parties. The court found that the agreement met all the statutory requirements and was in the interests of the employees. The agreement was deemed to be sufficiently in the employees' interests as it provided for fair wages and conditions. Additionally, the court confirmed that the agreement contained all the necessary minimum terms and had been made in good faith. The process requirements were also satisfied, ensuring the agreement was valid and enforceable.

The court approved the enterprise agreement, finding it to be compliant with the Fair Work Act. The final orders included the registration of the agreement, which would provide the parties with certainty and stability in their employment relationship for the duration of the agreement.

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