DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3886)

Q AND R PTY LTD T/AS CENTRAL PLASTER AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Q and R Pty Ltd T/As Central Plaster and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Q and R Pty Ltd T/As Central Plaster and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 11 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, acting on behalf of employees, made an application for the approval of the Q and R Pty Ltd T/As Central Plaster and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The application was contested by Q and R Pty Ltd, which raised objections on several grounds including procedural fairness and the agreement's compliance with the Fair Work Act 2009.

The Commission was required to determine whether the application met the criteria for approval under the Fair Work Act, specifically whether the agreement had been made in accordance with the relevant provisions of the Act, including the procedural fairness requirements. Furthermore, the Commission had to consider whether the agreement provided for appropriate mechanisms for resolving disputes and whether it met the "better off overall test" in terms of the employees' entitlements.

The Commission found that the application was procedurally sound and that the agreement did not contain any provisions that were contrary to the Act. It held that the agreement met the better off overall test and provided for adequate dispute resolution mechanisms. The Commission approved the enterprise agreement, emphasising the importance of good faith bargaining and the need for the agreement to adequately reflect the terms and conditions of employment for the employees.

The Commission's final order was the approval of the Q and R Pty Ltd T/As Central Plaster and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. This decision reinforces the importance of ensuring that enterprise agreements are made in good faith and meet the statutory requirements for approval.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established