DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3811)

SUNTEX 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, 8 JULY 2016

Application for approval of the Suntex 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 Suntex 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 8 July 2016 and, in accordance with s.54, will operate from 15 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 were Suntex Interiors Pty Ltd, an employer in the construction industry, and the Construction, Forestry, Mining and Energy Union (CFMEU), representing employees in the Victorian construction and general division. The dispute centred on the approval of a proposed enterprise agreement between the two parties for the period 2016-2018. The Fair Work Commission (FWC) was the court that had to decide on the matter.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the FWC had to determine whether the agreement contained all the mandated terms and conditions, if it was made in good faith and if it provided for a fair and reasonable process for resolving disputes. Furthermore, the Commission had to assess if the agreement was in the best interests of the employees and if it was made without coercion, harassment, or other forms of undue influence.

In delivering its decision, the FWC considered various submissions from both parties and examined the proposed agreement in detail. The Commission found that the agreement complied with the legislative requirements and contained all the necessary terms and conditions. The FWC was satisfied that the agreement was made in good faith and provided for a fair and reasonable process for resolving disputes. The Commission also concluded that the agreement was in the best interests of the employees and had not been made under any form of undue influence. Based on these findings, the FWC approved the proposed enterprise agreement.

The final orders of the FWC were that the Suntex Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 be approved as a certified agreement under section 171 of the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission and would come into effect on the date of registration.

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