DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7422)

ZLH 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 DECEMBER 2016

Application for approval of the ZLH 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 ZLH 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 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 involved an application for approval of the Plastering Enterprise Agreement 2016-2018 between ZLH Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The central issue before the FWC was whether the agreement met the criteria for registration and whether it was in the interests of achieving a productive workplace relationship.

The FWC examined the provisions of the agreement to determine if it complied with the requirements of the Fair Work Act. This involved assessing whether the agreement was made in good faith, whether it provided for a fair and efficient system of classification and remuneration, and whether it adequately addressed the terms and conditions of employment. The FWC also considered whether the agreement was likely to promote a productive workplace relationship and whether it contained any unfair provisions.

After reviewing the agreement, the FWC determined that it complied with the legal requirements and was in the interests of achieving a productive workplace relationship. The FWC found that the agreement provided for a fair and efficient system of classification and remuneration, and that it contained provisions that would promote productivity. The FWC also noted that there were no unfair provisions in the agreement.

Consequently, the FWC approved the Plastering Enterprise Agreement 2016-2018 between ZLH Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was registered and came into effect on the date of the FWC's decision.

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