DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/483)

TWO DIMENSION GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

Application for approval of the Two Dimension Group Pty Ltd 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 Two Dimension Group Pty Ltd 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 2 March 2017 and, in accordance with s.54, will operate from 9 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

The matter before the Fair Work Commission involved an application for approval of the Two Dimension Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The agreement, which aimed to regulate the terms and conditions of employment for plasterers within the plastering industry, was submitted for the commission’s endorsement. The dispute arose as the agreement sought to establish specific provisions for wages, working hours, leave entitlements, and other employment-related matters that would apply to the parties involved.

The legal issues central to the case were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in the course of genuine bargaining, if it provided for the proper operation of the enterprise, and if it adhered to the "better off overall test" to ensure that employees were not worse off financially or in terms of other conditions of employment. Additionally, the commission needed to determine if the agreement covered the requisite procedural fairness and contained the mandated minimum terms as specified by the Fair Work Act.

In its decision, the commission meticulously examined the agreement against the statutory requirements. It found that the agreement had been made through genuine bargaining, as evidenced by the negotiations and discussions between the parties. The commission also determined that the agreement contained provisions that ensured the proper operation of the enterprise and met the "better off overall test." The commission was satisfied that the agreement provided for fair and reasonable terms, and did not disadvantage employees. Consequently, the Fair Work Commission approved the agreement, finding it to be compliant with the necessary legal standards and in the interests of the employees.

The final orders of the commission were to approve the Two Dimension Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, effective from the date of the decision, ensuring its provisions would govern the employment terms and conditions for the specified period.

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