DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/646)

MASTER COATING (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 MARCH 2018

Application for approval of the Master Coating (Aust) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Master Coating (Aust) Pty Ltd / CFMEU Collective Agreement 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 28 March 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement with Master Coating (Aust) Pty Ltd. The agreement related to the terms and conditions of employment for certain employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, in line with the provisions of the Act. Specifically, the Commission had to assess if the agreement met the criteria for being a "single interest employer agreement" and whether it complied with the "better off overall test".

The Commission found that the agreement was a genuine single interest employer agreement, as it related to a small group of employees working in a specific division of the company. The Commission concluded that the agreement was fair and reasonable, as it provided for terms and conditions that were not worse off than the relevant award or safety net awards. The Commission also determined that the agreement met the better off overall test, as it provided for a number of benefits to the employees, including increased wages, improved leave entitlements, and better redundancy provisions. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Master Coating (Aust) Pty Ltd / CFMEU Collective Agreement 2018, finding that it met the criteria for being a genuine single interest employer agreement and complied with the better off overall test. The agreement was deemed to provide for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

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