DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/11023)

LIN & YU PROPERTY TRUST T/AS L & Y COMMERCIAL 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 Lin & Yu Property Trust T/As L & Y Commercial and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lin & Yu Property Trust T/As L & Y Commercial 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Lin & Yu Property Trust T/As L & Y Commercial and the CFMEU Plastering Industry Enterprise Agreement 2011-2015 in the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers in the plastering industry, and whether the proposed enterprise agreement met the necessary standards under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the procedural and substantive requirements set out in the legislation.

The legal issues before the Commission were whether the agreement had been made in accordance with the correct procedural steps, and if the terms and conditions of employment were fair and reasonable. The CFMEU argued that the agreement was appropriately negotiated and included provisions that were in the best interests of the employees. Conversely, the Lin & Yu Property Trust contended that certain provisions of the agreement were unfair and did not comply with the requirements of the Fair Work Act.

In delivering its decision, the Commission found that the agreement was made following the proper procedural steps, with genuine negotiations between the parties. The Commission also determined that the terms and conditions of employment within the agreement were fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the overall interests of the employees. The Commission held that the agreement did not contain any unfair provisions and was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the Lin & Yu Property Trust T/As L & Y Commercial and the CFMEU Plastering Industry Enterprise Agreement 2011-2015 was approved and is now in effect. This decision provides a clear framework for the terms and conditions of employment for workers in the plastering industry and ensures that the agreement meets the necessary standards under the Fair Work Act.

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