DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7621)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2016

Application for approval of the AGHG 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 AGHG 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 27 December 2016. 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 court involved an application for approval of the Australian Greenhouse Gas Holdings Pty Ltd (AGHG) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The primary dispute centred around whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The legal issues that the court needed to address included whether the agreement was genuinely a bargain between the parties, whether it was made in good faith, and whether it complied with the provisions of the Fair Work Act. Additionally, the court had to consider the fairness of the agreement in terms of the conditions it provided to employees, and whether it covered the correct bargaining unit.

In reaching its decision, the court examined the terms of the agreement, the negotiation process, and the context in which it was made. The court found that the agreement was a genuine bargain made in good faith and that it complied with the requirements of the Fair Work Act. The court also determined that the agreement was fair, taking into account the interests of both employers and employees. Consequently, the court approved the agreement, confirming its validity under the Act.

The final orders of the court included the approval of the AGHG and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. This decision ensures that the agreement can be implemented as a binding enterprise agreement between the parties involved.

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