DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/362)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the Outstanding Plastering 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 Outstanding Plastering 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.

[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 22 February 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 before the Fair Work Commission involved an application for the approval of the Outstanding Plastering Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The applicant, Outstanding Plastering Pty Ltd, sought the approval of the agreement under section 231 of the Fair Work Act 2009. The respondent, the CFMEU, did not oppose the application but raised concerns regarding the fairness and compliance of the agreement with relevant industrial standards.

The central legal issues before the Commission were whether the agreement met the criteria for approval as a simple, single-enterprise agreement and whether it contained terms that were fair and reasonable, consistent with the principles of the Fair Work Act. The Commission had to consider whether the agreement adequately addressed the rights and obligations of both employers and employees, including provisions related to wages, hours of work, leave entitlements, and other employment conditions. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees in a manner that was not reasonably necessary to achieve a legitimate workplace outcome.

In delivering its decision, the Fair Work Commission found that the agreement contained terms that were fair and reasonable, and it met the criteria for approval under the Fair Work Act. The Commission acknowledged the respondent's concerns but concluded that the agreement provided a balanced approach to the rights and obligations of both parties. The Commission also noted the cooperative efforts of the parties in negotiating the agreement, which contributed to its fairness and reasonableness. Consequently, the Commission approved the agreement, emphasising the importance of maintaining harmonious industrial relations.

The Fair Work Commission granted the application for approval of the Outstanding Plastering Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was approved as a simple, single-enterprise agreement, and it was to be registered with the Fair Work Commission. The decision underscored the Commission's commitment to facilitating fair and effective industrial relations agreements that benefit both employers and employees.

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