DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3780)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Crowntex 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 Crowntex 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 7 July 2016 and, in accordance with s.54, will operate from 14 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 approval of a registered enterprise agreement between Crowntex Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant sought the approval of the agreement, which was intended to govern the employment conditions for plasterers employed by Crowntex Pty Ltd.

The legal issues the court was required to decide included whether the agreement had been made in accordance with the procedural requirements stipulated in the Fair Work Act, whether it contained the mandatory terms and conditions that must be included in an enterprise agreement, and whether the agreement had been made in good faith and without coercion. The court also needed to consider if the agreement provided for a fair and reasonable method of determining the wages and other conditions of employment for the employees covered by the agreement.

The Fair Work Commission found that the agreement had been made in accordance with the procedural requirements, and it contained all the mandatory terms and conditions required by the Act. The Commission also determined that the agreement had been made in good faith and without coercion. The Commission was satisfied that the agreement provided for a fair and reasonable method of determining the wages and other conditions of employment for the employees covered by the agreement. As such, the Fair Work Commission approved the enterprise 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