DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4473)

ACCURACY INTERIORS 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 Accuracy 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 Accuracy 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.

[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 matter before the Fair Work Commission involved an application for the approval of the Plastering Enterprise Agreement 2016-2018 between Accuracy Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought to the Commission to ensure the agreement complied with the relevant legislative framework and was fair and reasonable for the employees involved.

The primary legal issues addressed by the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including provisions concerning the agreement's coverage, its terms and conditions, and its fairness to both the employer and employees. The Commission also had to consider whether the agreement provided for adequate consultation processes and whether it included appropriate dispute resolution mechanisms.

The Commission determined that the agreement was in compliance with the Fair Work Act and was fair and reasonable. The agreement was found to cover all relevant employees, with terms and conditions that were equitable for both parties. The Commission noted that the agreement included provisions for consultation and dispute resolution, which were deemed appropriate. The Commission approved the agreement based on its findings that it met all necessary legal criteria and was fair and reasonable for the employees and employer.

The Fair Work Commission approved the Plastering Enterprise Agreement 2016-2018 between Accuracy Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), effective from the date of approval. The agreement was recognised as compliant with the Fair Work Act and suitable for the employees and employer involved.

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