DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2651)

NEWLAND, HAYDEN KENT MICHAEL T/AS HAYDENS PLASTERING AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 APRIL 2016

Application for approval of the NEWLAND, HAYDEN KENT MICHAEL T/As HAYDENS PLASTERING and the CFMEU Plastering Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NEWLAND, HAYDEN KENT MICHAEL T/As HAYDENS PLASTERING and the CFMEU Plastering Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 4 April 2016 and, in accordance with s.54, will operate from 11 April 2016. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the CFMEU Plastering Industry Enterprise Agreement 2015 by the Construction, Forestry, Mining and Energy Union (CFMEU). The applicant, Hayden Kent Michael trading as Haydens Plastering, sought approval of the agreement under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with deciding the matter.

The central legal issue was whether the agreement met the criteria for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "single, clear, and recognisable bargain" and if it was made in good faith. The application was contested by the CFMEU, which argued that certain provisions of the agreement were not bona fide and did not reflect the true agreement of the parties.

In its decision, the Commission examined the nature of the agreement and the process by which it was made. It found that the agreement was a genuine and bona fide bargain, reflecting the true agreement of the parties. The Commission noted that while some provisions were contentious, the overall agreement was made in good faith and met the statutory requirements for approval. Consequently, the Commission approved the agreement, finding it to be a single, clear, and recognisable bargain.

The Fair Work Commission approved the CFMEU Plastering Industry Enterprise Agreement 2015, confirming its compliance with the requirements of the Fair Work Act. The decision underscored the importance of genuine agreement and good faith in the enterprise bargaining process.

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