Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8773)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 AUGUST 2013

Application for approval of the McConville Group 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 McConville Group 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 6 September 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for the approval of the McConville Group Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The application was brought under section 234 of the Fair Work Act 2009, as the parties were unable to reach an agreement on certain aspects of the enterprise agreement. The dispute centred on the classification of employees and the terms and conditions of their employment, specifically regarding the classification of labourers and the inclusion of certain provisions in the agreement.

The legal issues before the Commission included whether the agreement appropriately classified employees, whether the agreement met the requirements for being registered under the Fair Work Act, and whether the agreement contained provisions that were contrary to public policy. The Commission had to determine whether the agreement was fair and reasonable, taking into account the need for a fair and efficient workplace, and whether the agreement met the criteria for registration under the Act. Additionally, the Commission considered whether certain provisions in the agreement, such as those related to the classification of employees, were consistent with the objectives of the Act.

The Commission found that the agreement was fair and reasonable, and that it met the criteria for registration under the Act. The Commission approved the classification of employees as proposed in the agreement, and determined that the agreement did not contain any provisions that were contrary to public policy. The Commission noted that the agreement provided for a fair and efficient workplace, and that it was in the best interests of both the employees and the employer. The Commission also found that the agreement contained appropriate dispute resolution mechanisms and provisions for the protection of employees.

The Fair Work Commission approved the application for the registration of the McConville Group Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The Commission determined that the agreement was fair and reasonable, and met the criteria for registration under the Fair Work Act. The Commission approved the classification of employees as proposed in the agreement, and found that the agreement did not contain any provisions that were contrary to public policy. The agreement was registered on the terms and conditions set out in the application.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established