DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7422)

ECG CONSTRUCTIONS PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2015

Application for approval of the ECG CONSTRUCTIONS 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 ECG CONSTRUCTIONS 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 3 December 2015 and, in accordance with s.54, will operate from 10 December 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and ECG Constructions Pty Ltd. The parties applied to the Fair Work Commission for approval of the CFMEU Plastering Industry Enterprise Agreement 2015. The agreement was to regulate the terms and conditions of employment for plasterers and other related workers within the plastering industry. The Fair Work Commission was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a "bargained agreement" as defined in the Act, and whether it satisfied the good faith bargaining requirement. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient workplace, and whether it complied with the public interest test. The CFMEU argued that the agreement was the product of genuine collective bargaining and met all necessary requirements for approval. ECG Constructions Pty Ltd, on the other hand, contended that the agreement did not meet the good faith bargaining criteria and was not in the public interest.

In its decision, the Commission found that the agreement was a bona fide bargained agreement and that the parties had engaged in genuine collective bargaining. The Commission also concluded that the agreement met the good faith bargaining requirement and was fair and efficient. The Commission held that the agreement did not unfairly disadvantage any party and was in the public interest. The Commission was satisfied that the agreement provided for a balanced and reasonable outcome for all parties involved.

As a result, the Fair Work Commission approved the CFMEU Plastering Industry Enterprise Agreement 2015. The agreement was registered and came into effect on the date of the decision, providing a new framework for the terms and conditions of employment for plasterers and other related workers within the plastering industry. The decision confirmed the importance of genuine collective bargaining and the role of the Commission in facilitating fair and efficient workplace agreements.

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