DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6093)

SYDNEY PLASTER PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Sydney Plaster Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Plaster Pty Ltd / CFMEU Collective Agreement 2017 - 2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of a collective agreement with Sydney Plaster Pty Ltd for the period 2017-2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval. The legal issues the court had to address involved whether the agreement complied with the Fair Work Act 2009, specifically whether it contained the mandated minimum entitlements and whether it was free from any illegal or improper content.

The Fair Work Commission considered the terms of the agreement and found that it provided for the mandated minimum entitlements, including rates of pay, allowances, leave provisions, and other employment conditions. The Commission also examined the content of the agreement to ensure it did not contain any illegal or improper provisions. After careful review, the Commission concluded that the agreement met all the legal requirements for approval. Consequently, the application for the approval of the collective agreement was approved.

The Fair Work Commission's decision to approve the collective agreement was based on the comprehensive compliance of the agreement with the Fair Work Act 2009. The court found that all mandated minimum entitlements were included and that there were no illegal or improper provisions within the agreement. The approval of the agreement ensures that the terms and conditions of employment between the union and the employer are legally sound and enforceable. The final orders of the court were to approve the collective agreement between the Construction, Forestry, Mining and Energy Union and Sydney Plaster Pty Ltd for the period 2017-2018.

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