DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4461)

KOSPOL 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, 19 JULY 2016

Application for approval of the Kospol 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 Kospol 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 19 July 2016 and, in accordance with s.54, will operate from 26 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 case before the Fair Work Commission involved an application for approval of the Kospol Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The dispute centred on the terms and conditions of employment for plasterers working under the agreement. The matter was heard by the Commission, which included a President and two Delegates.

The primary legal issue before the Commission was whether the terms of the enterprise agreement were fair and reasonable for the employees covered by it. This involved examining the provisions of the agreement against the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria to be approved. The Commission needed to determine if the agreement provided for a fair and efficient workplace, as well as ensuring employees were not disadvantaged.

The Commission found that the terms of the enterprise agreement were fair and reasonable. It noted that the agreement provided for a structured and efficient workplace, with clear provisions on wages, working conditions, and dispute resolution. The Commission was satisfied that the agreement met the statutory requirements and did not result in any employees being worse off. Consequently, the application for approval was granted, and the enterprise agreement was approved as meeting the standards set by the Fair Work Act 2009.

The final orders of the Commission were that the Kospol Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 be approved in accordance with section 231 of the Fair Work Act 2009. The approval was effective from the date of the Commission's decision, ensuring that the agreement would govern the employment conditions 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