DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2727)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 MAY 2015

Application for approval of the Delta 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 Delta 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 the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 29 May 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for the Delta Interiors Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2015, which aimed to set out the terms and conditions of employment for plasterers working for Delta Interiors. The dispute centred on whether the agreement met the legal standards required for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an independent statutory body responsible for resolving disputes related to employment and workplace relations in Australia.

The legal issues the court needed to address included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether it contained all the mandated terms and conditions. Additionally, the court considered whether the agreement complied with the "better off overall test" and whether it was consistent with the objects of the Act, including the protection of employees' rights and interests.

The Fair Work Commission found that the agreement had been made following the procedural requirements, and it contained all the mandated terms and conditions. The Commission determined that the agreement satisfied the better off overall test, as it provided for a fair and reasonable outcome for the employees. The Commission also found that the agreement was consistent with the objects of the Fair Work Act, including the protection of employees' rights and interests. Consequently, the Commission approved the agreement, enabling it to be registered and enforceable under the Act.

In summary, the Fair Work Commission approved the Delta Interiors Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2015, finding it to be in compliance with the legal standards required for approval under the Fair Work Act 2009. The agreement was registered and became enforceable, setting the terms and conditions of employment for plasterers working for Delta Interiors.

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