DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4534)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the SM Interiors (Vic) 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 SM Interiors (Vic) 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 22 July 2016 and, in accordance with s.54, will operate from 29 July 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

In the matter of the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was asked to approve the SM Interiors (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The agreement was made by the employer and the union and was to cover a range of employees who were engaged in the plastering industry in Victoria. The union sought approval for the agreement under section 234 of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for registration set out in the Fair Work Act. Specifically, the Commission had to determine whether the agreement was a "good faith" agreement and whether it complied with the "better off overall test" under section 176 of the Act. The Commission also needed to consider whether the agreement contained appropriate dispute resolution mechanisms and whether it provided for fair terms and conditions of employment.

In reaching its decision, the Commission examined the contents of the agreement and the process by which it was negotiated. The Commission found that the agreement was negotiated in good faith and that it met the better off overall test. The Commission also considered the dispute resolution mechanisms and the terms and conditions of employment set out in the agreement and found them to be appropriate. Accordingly, the Commission approved the agreement and made an order under section 235 of the Act that it be registered.

The Fair Work Commission has approved the SM Interiors (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The agreement is now registered under the Fair Work Act and will apply to the employees covered by it. The decision of the Commission is final and binding on the parties.

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