DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10924)

A & P PLASTER (VIC) PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JANUARY 2015

Application for approval of the A & P Plaster (Vic) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the A & P Plaster (Vic) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015 (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 15 January 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the A & P Plaster (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union Plastering Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission. The dispute centred around the procedural fairness of the approval process and the adequacy of the agreement's provisions in relation to the enterprise's operations and the rights of its employees.

The legal issues before the Commission included whether the application process complied with the Fair Work Act 2009, particularly in relation to the notice requirements and whether the agreement itself adequately protected employee rights and provided for fair working conditions. The Commission also considered whether the agreement's provisions were in line with the Fair Work Act's objectives, including the protection of employees' rights and the promotion of workplace relations.

The Commission found that the application process was procedurally fair, with sufficient notice provided to all relevant parties. The agreement was deemed to be in compliance with the Fair Work Act and adequately protected employee rights while balancing the enterprise's operational needs. The Commission approved the agreement, finding it to be fair and reasonable in all respects.

The Fair Work Commission approved the A & P Plaster (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union Plastering Industry Enterprise Agreement 2011-2015. The Commission determined that the application process was procedurally fair, and the agreement complied with the Fair Work Act. The agreement was found to adequately protect employee rights and balance the enterprise's operational needs.

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