Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 4424

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/3359)

Tesla Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 25 AUGUST 2017

Application for approval of the Tesla Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016 - 2018.

An application has been made for approval of an enterprise agreement known as the Tesla Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. 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. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 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

The case involved an application for approval of the Plastering Enterprise Agreement 2016 - 2018 between Tesla Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The union sought to have the agreement approved, while Tesla Constructions Pty Ltd, the employer, did not oppose the application but raised concerns about specific provisions of the agreement.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for the terms and conditions of employment of the employees covered by it, and whether it was made in good faith and without coercion. Specific attention was paid to the provisions regarding pay rates, working hours, and dispute resolution mechanisms.

In its decision, the Commission found that the agreement did comply with the statutory requirements. The agreement was deemed to have been made in good faith, without coercion, and provided for the terms and conditions of employment. The Commission also found that the pay rates and working hours were fair and reasonable, and the dispute resolution mechanisms were appropriate. As such, the application for approval was granted.

The Fair Work Commission approved the Plastering Enterprise Agreement 2016 - 2018 between Tesla Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was found to meet the statutory requirements for approval under the Fair Work Act 2009, and was deemed to be fair and reasonable in its terms and conditions of employment, pay rates, working hours, and dispute resolution mechanisms.

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