Construction, Forestry, Mining and Energy Union

[2013] FWCA 8504

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11006)

JNJ PLASTER (AUST) PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 OCTOBER 2013

Application for approval of the JNJ Plaster (Aust) 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 JNJ Plaster (Aust) 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 5 November 2013. 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, acting on behalf of plastering industry employees, applied to the Fair Work Commission for the approval of the JNJ Plaster (Aust) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. JNJ Plaster (Aust) Pty Ltd, a party to the agreement, contested the application, raising objections based on various provisions within the agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission addressed were whether the enterprise agreement contained prohibited content, whether it was made in accordance with the good faith bargaining requirements, and whether it met the coverage and public interest tests. The Commission examined each clause of the agreement to assess its compliance with these requirements, including provisions relating to wages, conditions, and dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the agreement did not contain any prohibited content and had been made in good faith. The Commission also determined that the agreement satisfied the coverage and public interest tests. The objections raised by JNJ Plaster (Aust) Pty Ltd were dismissed, and the agreement was approved. The Commission concluded that the agreement was fair and balanced, providing for appropriate wages and conditions while facilitating efficient dispute resolution.

The Fair Work Commission approved the JNJ Plaster (Aust) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered and published in accordance with the Fair Work Act 2009, binding both parties and any employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established