DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4767)

EXPRESS INTERIORS 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 Express Interiors 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 Express Interiors 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 case involved an application for approval of an enterprise agreement between Express Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The Fair Work Commission was the court in this matter. The union sought approval of the agreement, which was necessary for it to be binding on the parties involved. The application was made under the Fair Work Act 2009, which provides a framework for the approval and enforcement of enterprise agreements.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. This involved assessing whether the agreement was genuinely negotiated, covered the necessary matters, and met the other statutory criteria for approval. The Commission also needed to determine if the agreement was in the best interests of the employees it covered and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement met all the statutory criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it covered all the necessary matters as prescribed by the Fair Work Act. The Commission also determined that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. Consequently, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the Express Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 was approved and is now binding on the parties involved. The agreement sets out the terms and conditions of employment for the employees covered by it, and both the employer and the union are bound by its provisions.

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