DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3866)

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

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the Wizards Plastering 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 Wizards Plastering 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 13 July 2016 and, in accordance with s.54, will operate from 20 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 this matter, Wizards Plastering Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) applied for the approval of the Plastering Enterprise Agreement 2016 - 2018. The application was heard in the Fair Work Commission. The primary dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The application for approval required scrutiny of the terms and conditions stipulated in the agreement to determine if they complied with the statutory requirements, including provisions for employee protections and fair remuneration.

The court examined several key legal issues, including whether the agreement provided for minimum entitlements, whether it allowed for appropriate dispute resolution mechanisms, and whether it complied with procedural requirements such as proper notification and employee consultation. The court also considered whether the agreement was made in good faith and whether it met the "better off overall test" which ensures that employees are no worse off financially under the terms of the agreement compared to their previous conditions.

After thorough analysis, the Fair Work Commission found that the agreement met all the statutory requirements for approval. The court was satisfied that the agreement provided for minimum entitlements, offered fair dispute resolution processes, and adhered to the procedural standards. Furthermore, the commission determined that the agreement was made in good faith and satisfied the better off overall test. Consequently, the application for approval was granted.

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