DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2625)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 MAY 2015

Application for approval of the MTK 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 MTK 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 20 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

In the matter of Construction, Forestry, Mining and Energy Union and MTK Interiors Pty Ltd, the Fair Work Commission was asked to approve a proposed enterprise agreement. The dispute arose when the union and the employer could not reach a consensus on the terms of the agreement, leading to the need for the Commission to intervene. The central issue before the Commission was whether the proposed enterprise agreement, titled the MTK Interiors Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2015, met the necessary standards and criteria for approval under the Fair Work Act 2009.

The Commission considered various aspects of the agreement, including its compliance with the provisions of the Fair Work Act and the fairness of the terms and conditions it proposed. A significant part of the reasoning involved evaluating whether the agreement provided for the fair remuneration and conditions for the employees and whether it allowed for the efficient and effective operation of the employer's business. The Commission also had to ensure that the agreement did not undermine the public interest by allowing for terms that could lead to exploitative practices.

Upon thorough review, the Commission determined that the proposed agreement did meet the necessary standards for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees and did not prejudice the public interest. The Commission also found that the agreement was made in good faith and did not contain any terms that were contrary to the provisions of the Fair Work Act. As a result, the Commission approved the proposed enterprise agreement, allowing it to come into effect as intended. The approval signifies that the terms and conditions set forth in the agreement will govern the employment relationship between MTK Interiors Pty Ltd and the union's members, effective from the date of the Commission's decision.

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