DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/465)

QUEENSLAND PLASTER LININGS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Queensland Plaster Linings Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the Queensland Plaster Linings Pty Ltd and CFMEU Union Collective Agreement 2014 – 2018 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a collective agreement between the union and Queensland Plaster Linings Pty Ltd. The dispute centred on the validity and enforceability of the agreement's provisions, particularly those relating to wage rates and conditions for employees within the plastering industry in Queensland.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it complied with the requirements set out in the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement provided for a fair and reasonable outcome for both the employees and the employer. The CFMEU argued that the agreement was the product of genuine bargaining and provided for fair and reasonable terms for employees, while Queensland Plaster Linings Pty Ltd contended that certain provisions of the agreement were not genuinely negotiated and were unreasonable.

In deciding the matter, the Commission found that the agreement had been genuinely negotiated and was not unreasonable. The Commission held that the process of negotiation, while not perfect, was genuine and that the parties had engaged in good faith. Furthermore, the Commission found that the terms of the agreement were fair and reasonable, providing for appropriate wage rates and conditions for employees in the plastering industry. As a result, the Commission approved the collective agreement, finding that it met the statutory requirements for genuine negotiation and reasonableness.

The Commission's final orders included the approval of the Queensland Plaster Linings Pty Ltd and CFMEU Union Collective Agreement 2014-2018, with the agreement to be registered with the Fair Work Commission and to have effect from the date of the decision. The Commission also directed the parties to take all necessary steps to give effect to the agreement, including the implementation of its terms and conditions in accordance with the agreement's provisions.

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