DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6955)

CONCEPT CEILINGS UNIT TRUST (THE TRUSTEE FOR) T/AS CONCEPT CEILINGS VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Concept Ceilings Unit Trust (The Trustee For) T/As Concept Ceilings Vic 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 Concept Ceilings Unit Trust (The Trustee For) T/As Concept Ceilings Vic 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 24 November 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 parties involved in the dispute were the Concept Ceilings Unit Trust, trading as Concept Ceilings Vic Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the approval of the Plastering Enterprise Agreement 2016-2018 and was heard by the Fair Work Commission. The legal issues the court was required to decide related to whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on whether the agreement facilitated, promoted or improved the productivity of the enterprise concerned.

The court examined whether the agreement provided for efficient and flexible workplace arrangements, whether it ensured fair treatment of employees, and if it included provisions for the resolution of workplace disputes. The key issue was whether the agreement achieved a balance between the interests of the employer and the employees, ensuring that it was not unduly weighted in favour of one party. The court also assessed the process by which the agreement was negotiated to ensure it complied with the legal requirements for good faith bargaining.

In its reasoning, the court found that the agreement contained provisions that facilitated productivity and efficient workplace arrangements, promoted fair treatment of employees, and included mechanisms for the resolution of workplace disputes. The court determined that the agreement did not unduly favour either the employer or the employees and that the negotiation process complied with the legal requirements for good faith bargaining. Consequently, the court approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act 2009.

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