DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4556)

ABOVE & BEYOND PLASTERING PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2015

Application for approval of the Above & Beyond Plastering 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 ABOVE & BEYOND PLASTERING 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 the Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

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 for the Above & Beyond Plastering Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2015. The dispute centred on whether the terms of the agreement were consistent with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically regarding the certification and registration of the agreement. The application for approval was contested by the employer, who raised concerns about certain provisions in the agreement.

The primary legal issue before the Commission was whether the enterprise agreement contained provisions that were not consistent with the Act and Regulations. The Commission had to determine whether the agreement met the requirements for registration and certification, including whether it provided for a fair and efficient method of determining the employment terms and conditions of the employees. The employer argued that certain provisions in the agreement were inconsistent with the Act and Regulations and, therefore, the agreement should not be approved.

The Commission found that while the agreement contained some provisions that were not consistent with the Act and Regulations, the overall agreement was in the public interest and should be approved. The Commission noted that the employer had not provided sufficient evidence to demonstrate that the agreement would have a detrimental effect on the employer's business. The Commission also found that the provisions in question could be modified to bring them into compliance with the Act and Regulations. Accordingly, the Commission approved the enterprise agreement, subject to certain modifications.

The Fair Work Commission approved the enterprise agreement, subject to certain modifications, and directed the parties to make the necessary amendments to bring the agreement into compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The employer was required to implement the modified agreement within 28 days of the decision, and the union was required to take steps to ensure that the employees were informed of the changes. The decision provides guidance on the requirements for the registration and certification of enterprise agreements and the role of the Commission in approving such 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