DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5653)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2015

Application for approval of the SUNTEX 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 SUNTEX 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 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the SUNTEX INTERIORS PTY LTD and the Construction, Forestry, Mining and Energy Union (CFMEU) Plastering Industry Enterprise Agreement 2015. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009, particularly focusing on the provisions regarding casual employment and penalty rates. The Commission was tasked with determining if the agreement provided adequate protections and benefits for casual employees and whether it complied with the provisions of the Act.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009 in relation to the terms and conditions of the enterprise agreement. The key points of contention included the definition of 'casual loading' and the applicability of penalty rates for casual employees. The CFMEU argued that the agreement appropriately balanced the interests of employers and employees, while the applicant contended that certain provisions were not compliant with statutory requirements.

The Commission examined the agreement clause by clause, considering the statutory framework and relevant jurisprudence. It found that while the agreement generally met the legislative requirements, certain provisions regarding casual employment needed amendment. Specifically, the Commission noted that the definition of casual loading and the application of penalty rates did not fully align with the Act. Consequently, the Commission ordered modifications to these provisions to ensure compliance with the statutory standards. The amended agreement was then approved, subject to the changes made.

The Fair Work Commission approved the enterprise agreement with conditions. The agreement was to be modified to ensure that the definition of casual loading and the application of penalty rates for casual employees were in accordance with the Fair Work Act 2009. The modifications were necessary to address the deficiencies identified by the Commission, ensuring the agreement provided adequate protections for casual employees and complied with the statutory requirements.

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