Construction, Forestry, Mining and Energy Union

[2014] FWCA 4366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6519)

IJ PLASTERING PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2014

Application for approval of the IJ Plastering 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 IJ Plastering 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, 187 and 188 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 9 July 2014. 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 matter before the Fair Work Commission concerned an application for approval of the IJ Plastering Pty Ltd and the Construction, Forestry, Mining and Energy Union Plastering Industry Enterprise Agreement 2011-2015. The dispute arose between IJ Plastering Pty Ltd, an employer in the plastering industry, and the CFMEU, a trade union representing workers within the industry. The application for approval was filed with the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia.

The legal issues that the Fair Work Commission had to decide centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The key points of contention included the agreement's compliance with the process for its formation, its content concerning minimum entitlements, and whether it met the criteria for being a "single, integrated, and operative" agreement. The Commission also needed to determine if the agreement provided fair and reasonable terms for employees, taking into account the nature of the industry and the bargaining positions of the parties involved.

In reaching its decision, the Fair Work Commission examined the evidence presented by both parties and considered the relevant provisions of the Fair Work Act 2009. The Commission found that the agreement had been formed through a proper bargaining process and that it contained terms that were fair and reasonable. The Commission was satisfied that the agreement met the criteria for being a "single, integrated, and operative" agreement and approved it on these grounds. The Commission also noted that the agreement provided for adequate minimum entitlements and that it was appropriate for the specific industry context.

The Fair Work Commission approved the IJ Plastering Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015, determining that it complied with the requirements of the Fair Work Act 2009. The decision was based on the evidence presented by both parties and the Commission's assessment of the agreement's compliance with the relevant legal criteria. The approval of the agreement signifies its legal enforceability and the recognition of the terms and conditions it sets for employees in the plastering industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established