DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7411)

EASY 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 DECEMBER 2016

Application for approval of the Easy 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 Easy 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 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

In this matter, the parties involved are Easy Plastering Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), specifically the Victorian Construction and General Division. The dispute pertains to the approval of the Easy Plastering Pty Ltd and CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement for the years 2016 to 2018. The case was heard by the Fair Work Commission, which is tasked with overseeing the approval process of enterprise agreements.

The primary legal issues before the court were whether the agreement met the statutory requirements under the Fair Work Act 2009, including compliance with procedural fairness, and whether the agreement was in the best interests of the employees. The court had to consider whether the union had genuinely represented the employees' views and if the agreement provided fair and reasonable terms for the workers.

The Fair Work Commission found that the agreement did not meet the necessary standards for approval. The court identified several procedural deficiencies, including a failure to adequately consult with employees, which was a fundamental requirement for the agreement's validity. Additionally, the commission noted that the agreement did not sufficiently protect employees' rights and interests. As a result, the application for approval of the enterprise agreement was rejected.

In light of the decision, the commission did not grant approval to the enterprise agreement. The union and the employer were required to make necessary amendments to address the identified issues and resubmit the agreement for consideration. This outcome underscores the importance of ensuring that enterprise agreements are properly negotiated and approved in compliance with the law.

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