DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/123)

MATIC 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, 25 JANUARY 2017

Application for approval of the Matic 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 Matic 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 the 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 1 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant, and Matic Plastering Pty Ltd, the respondent, the Fair Work Commission was asked to approve the Plastering Enterprise Agreement 2016-2018. The agreement in question was entered into between the Construction, Forestry, Mining and Energy Union and Matic Plastering Pty Ltd. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandated terms and conditions and if it was in the best interests of the employees.

The legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act and if it provided fair and reasonable terms for the employees. This involved assessing the agreement's coverage of essential terms, such as wages, hours of work, and other conditions of employment. Additionally, the Commission had to consider if the agreement was made in good faith and if it provided adequate protections for employees.

The Commission found that the agreement did meet the statutory requirements and contained all the mandated terms and conditions. The agreement was deemed to be in the best interests of the employees as it provided fair and reasonable terms. The Commission approved the agreement, recognising that it was made in good faith and provided adequate protections for the employees. The approval of the agreement was considered to be in the interests of industrial peace and harmony.

The Fair Work Commission approved the Plastering Enterprise Agreement 2016-2018, finding that it met the legal requirements and provided fair and reasonable terms for the employees. The agreement was made in good faith and provided adequate protections for the employees, and its approval was in the interests of industrial peace and harmony.

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