DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6484)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 OCTOBER 2016

Application for approval of the PLAZA INTERIORS (AUST) 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 PLAZA INTERIORS (AUST) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 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 application were the Construction, Forestry, Mining and Energy Union (CFMEU) and Plaza Interiors (Aust) Pty Ltd. The matter was before the Fair Work Commission, which was asked to approve a proposed enterprise agreement between the two parties. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements. The legal issues that the Commission had to decide included whether the agreement provided for the terms and conditions of employment of the employees in a fair and reasonable manner, whether it was consistent with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements for registration under the Act.

The Commission found that the proposed agreement complied with the legislative requirements. It noted that the agreement contained provisions for the terms and conditions of employment, including provisions for wages, hours of work, leave, and other matters. The Commission was satisfied that the agreement was consistent with the relevant provisions of the Fair Work Act 2009 and that it met the requirements for registration under the Act. The Commission also found that the agreement provided for a fair and reasonable outcome for both parties.

In light of the findings, the Commission approved the proposed agreement. The agreement was registered with the Fair Work Commission, and it became a legally binding enterprise agreement between the CFMEU and Plaza Interiors (Aust) Pty Ltd. The approval of the agreement was a significant outcome for both parties, as it provided certainty and stability in the employment relationship. The final orders of the Commission were that the proposed agreement be approved and registered, and that it be published in the Federal Register of Legislation.

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