DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/699)

CREATIVE PLASTERING GROUP PL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 MARCH 2017

Application for approval of the Creative Plastering Group PL 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 Creative Plastering Group PL 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 21 March 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 applied for approval of the Creative Plastering Group PL and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The applicant union, the respondent employer, and the Fair Work Commission (the Commission) are the parties involved in the dispute. The central issue before the Commission was whether the terms and conditions of the proposed enterprise agreement met the requirements of the Fair Work Act 2009.

The Commission had to assess whether the agreement contained the necessary minimum terms and conditions, and whether it was free from any illegal content. In making its determination, the Commission considered the provisions of the Fair Work Act and the Fair Work Regulations, as well as relevant case law and guidelines. The Commission found that the proposed enterprise agreement satisfied the statutory requirements, and did not contain any illegal terms. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Consequently, the Fair Work Commission granted the application for approval of the Creative Plastering Group PL and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The approved agreement will now serve as the legally binding enterprise agreement between the respondent employer and the employees covered by the agreement for the period of 2016 to 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