Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2215

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5947)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 APRIL 2013

Application for approval of the Lin Tiger 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 Lin Tiger 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 19 April 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Lin Tiger Plastering Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Plastering Industry Enterprise Agreement 2011-2015. The application was made by the CFMEU, and Lin Tiger Plastering Pty Ltd did not oppose the approval. The central issue before the commission was whether the agreement met the requirements of the Fair Work Act 2009, including provisions regarding minimum wages and conditions.

The commission examined the provisions of the enterprise agreement to ensure they complied with the statutory minimum standards. The agreement included provisions on wages, penalty rates, leave entitlements, and other employment conditions. The commission assessed whether these provisions were consistent with the minimum terms and conditions set out in the relevant modern awards. The commission also considered whether the agreement appropriately covered the employees of Lin Tiger Plastering Pty Ltd and if it was made in good faith and without coercion.

After reviewing the agreement and the relevant legislative provisions, the commission found that the enterprise agreement was compliant with the Fair Work Act 2009. It met all the statutory minimum standards and was made in good faith. The commission approved the agreement, ensuring it would provide fair and reasonable terms and conditions for the employees of Lin Tiger Plastering Pty Ltd.

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