DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4674)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the Arc Plastering & Co 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 Arc Plastering & Co 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 29 July 2016 and, in accordance with s.54, will operate from 5 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 Fair Work Commission involved an application for approval of the Arc Plastering & Co Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The union sought approval under the Fair Work Act 2009, arguing that the agreement met the criteria for registration, including being a genuinely negotiated agreement and meeting the "better off overall test." The employer, Arc Plastering, did not oppose the application but highlighted certain terms within the agreement that warranted scrutiny.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, met the "better off overall test," and did not contain any terms that would render it unlawful or contrary to public policy. The union argued that the agreement fairly represented the employees' interests and provided them with improved conditions and protections. Conversely, the employer suggested that while they did not oppose the agreement, certain clauses required careful examination to ensure they adhered to the legislative standards.

The Fair Work Commission meticulously reviewed the enterprise agreement, focusing on its negotiation process, the application of the "better off overall test," and the legality of its provisions. The Commission found that the agreement was genuinely negotiated and met the criteria for the "better off overall test." While the employer did not oppose the agreement, the Commission took into account their comments regarding certain clauses. After thorough analysis, the Commission concluded that all terms of the agreement were lawful and did not contravene public policy, leading to the approval of the enterprise agreement. The Commission's decision was grounded in the comprehensive review of the agreement's provisions and its alignment with the legislative framework.

The final orders of the Fair Work Commission were that the Arc Plastering & Co Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms of the agreement are legally binding on both the employer and the employees for the specified period.

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