DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6980)

MP INTERIOR LININGS 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 MP Interior Linings 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 MP Interior Linings 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 Construction, Forestry, Mining and Energy Union (CFMEU) and MP Interior Linings Pty Ltd. The nature of the dispute was an application for the approval of the MP Interior Linings Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission. The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, including whether it was in the best interests of the employees and provided for a fair and equitable outcome.

The court found that the agreement met the requirements of the Fair Work Act. The court determined that the agreement provided for a fair and equitable outcome for all parties involved and was in the best interests of the employees. The court also found that the agreement was consistent with the principles of the National Employment Standards and provided for appropriate protections for employees. The court was satisfied that the agreement had been negotiated in good faith and that all parties had been given an opportunity to participate in the negotiation process.

The court approved the agreement, stating that it met the requirements of the Fair Work Act and was in the best interests of the employees. The court found that the agreement provided for a fair and equitable outcome for all parties involved and that it was consistent with the principles of the National Employment Standards. The court also found that the agreement had been negotiated in good faith and that all parties had been given an opportunity to participate in the negotiation process.

The final orders of the court were that the MP Interior Linings Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 be approved and registered with the Fair Work Commission. The court also ordered that the agreement be given effect from the date of the 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