DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2448)

ACCURACY INTERIORS PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the ACCURACY INTERIORS PTY LTD and the CFMEU Plastering Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ACCURACY INTERIORS PTY LTD 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 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 21 March 2016 and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 29 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the ACCURACY INTERIORS PTY LTD and the CFMEU Plastering Industry Enterprise Agreement 2015. The dispute involved whether the agreement met the statutory requirements for registration and approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement was genuinely negotiated, if it included all mandated terms, and whether it complied with procedural fairness. The Commission had to assess the negotiation process and verify that the agreement contained all necessary provisions, including those related to minimum employment standards, safety, and dispute resolution.

The Commission found that the agreement was genuinely negotiated and contained all required terms. It concluded that procedural fairness was observed throughout the negotiation process. Consequently, the Fair Work Commission approved the enterprise agreement, finding it met all statutory requirements for registration.

The final orders included the approval and registration of the ACCURACY INTERIORS PTY LTD and the CFMEU Plastering Industry Enterprise Agreement 2015, effective from the date of the decision.

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