DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1725)

M & J PLASTER CONSTRUCTION PTY LTD T/AS MJ PLASTER CO AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 MAY 2017

Application for approval of the M & J Plaster Construction Pty Ltd T/As MJ Plaster Co 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 M & J Plaster Construction Pty Ltd T/As MJ Plaster Co 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 2 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application for the approval of the M & J Plaster Construction Pty Ltd T/As MJ Plaster Co and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016 - 2018. The dispute arose out of negotiations for a new enterprise agreement between the employer and the union representing the employees in the plastering industry. The court was required to determine whether the proposed agreement met the criteria set out in the Fair Work Act 2009 for it to be approved.

The primary legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act, specifically whether it included certain mandatory terms and did not have any terms that were contrary to public policy. The court examined the agreement to ensure it provided for minimum wages, entitlements, and conditions, as well as whether any terms were inconsistent with any relevant law or public policy. The court also considered whether the agreement was negotiated in good faith and whether it had been certified as a simple, low-risk agreement by the Fair Work Ombudsman.

The court found that the proposed agreement met all the criteria for approval. It was determined that the agreement contained all the mandatory terms required by the Fair Work Act and did not have any terms that were contrary to public policy. The court also found that the agreement had been negotiated in good faith and had been certified as a simple, low-risk agreement by the Fair Work Ombudsman. As a result, the court approved the proposed enterprise agreement, which will now be in effect from the date of the approval.

The court's final orders were that the M & J Plaster Construction Pty Ltd T/As MJ Plaster Co and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016 - 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now govern the employment conditions of the employees in the plastering industry for the duration of the agreement, which is from 1 July 2016 to 30 June 2018.

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