DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3847)

X-PRESS 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, 12 JULY 2016

Application for approval of the X-Press 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 X-Press 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 12 July 2016 and, in accordance with s.54, will operate from 19 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 an application for approval of the X-Press Plastering Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with assessing the fairness of the proposed agreement. The primary dispute arose from differing perspectives on whether the agreement met the criteria for fairness under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns regarding specific provisions.

The central legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable for the employees it covered. This required an examination of whether the agreement was free from coercion, contained provisions that were in line with the principles of fairness and equity, and provided for the prompt payment of wages and other entitlements. The Commission had to consider submissions from both parties and the implications of the agreement on the employees' rights and obligations.

In delivering its decision, the Commission examined each clause of the proposed agreement and weighed the arguments presented by both parties. The Commission determined that the agreement contained provisions that were fair and reasonable for the employees, taking into account the broader economic and industry context. The Commission found that the agreement provided for adequate wages, entitlements, and conditions that were consistent with the principles of fairness. As a result, the Commission approved the proposed enterprise agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the X-Press Plastering Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, effective from the date of the decision. The approval of the agreement ensures that it will be binding on the parties and will provide a framework for the employment conditions of the employees covered by the agreement.

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