DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4450)

ALLPRO PARTITIONS & CEILINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2016

Application for approval of the Allpro Partitions & Ceilings 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 Allpro Partitions & Ceilings 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 27 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

The parties involved in this case are the Construction, Forestry, Mining and Energy Union (CFMEU) and Allpro Partitions & Ceilings Pty Ltd. The dispute centres around the approval of the Plastering Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission of Australia. The legal issues that the court had to decide upon were whether the agreement met the criteria for being approved as a registered agreement and if it complied with the provisions of the Fair Work Act 2009.

The court had to determine whether the agreement was a genuine enterprise agreement and if it complied with the formal requirements of the Act. It also had to ensure that the agreement did not discriminate against any individual or group of individuals. The court further considered whether the agreement provided for a fair and reasonable process for resolving any disputes that may arise during the term of the agreement.

The court found that the agreement met all the necessary criteria for approval. The agreement was genuine, complied with the formal requirements of the Act, and did not discriminate against any individual or group. The court was satisfied that the agreement provided for a fair and reasonable process for resolving any disputes that may arise during the term of the agreement. The court approved the agreement, and it was registered on 29 June 2016.

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