Construction, Forestry, Mining and Energy Union

[2014] FWCA 6378

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7206)

"SYDNEY PLASTER PTY LTD" / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the "Sydney Plaster Pty Ltd" / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe "Sydney Plaster Pty Ltd" / CFMEU Collective Agreement 2014-2017 (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 (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Sydney Plaster Pty Ltd. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009, specifically concerning the provisions for wages, conditions, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining if the agreement met the requirements for approval under the legislation.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, if it complied with the provisions concerning minimum wages and conditions, and if the dispute resolution mechanisms were adequate. The Commission also had to assess whether the agreement was in the best interests of the employees and the employer, considering the broader economic and social implications.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the statutory criteria. It determined that the agreement provided for appropriate wages and conditions that were not less favourable than the relevant awards or the National Employment Standards. The Commission also concluded that the dispute resolution mechanisms were sufficient and that the agreement was in the best interests of both parties. Consequently, the Commission approved the collective agreement, finding it to be compliant with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the "Sydney Plaster Pty Ltd" / CFMEU Collective Agreement 2014-2017, effective from the date of the decision. The approval was contingent upon the agreement being registered with the Australian Industrial Relations Commission within the prescribed timeframe. The decision was final and binding on both parties, marking the conclusion of this particular application for approval of a collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established