DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6314)

CONSTRUCT CEILINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Construct Ceilings 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 Construct Ceilings 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 21 October 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 the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of a proposed enterprise agreement with Construct Ceilings Pty Ltd, applicable to plasterers employed in Victoria. The proposed agreement, titled the Plastering Enterprise Agreement 2016-2018, included terms and conditions of employment for the relevant employees. The union sought the commission's approval under the Fair Work Act 2009, asserting that the agreement met the requirements for direct registration. The primary legal issue before the commission was whether the proposed enterprise agreement complied with the statutory criteria for direct registration. This involved assessing whether the agreement was in the public interest, whether it had been made in good faith, and whether it provided for the proper management of the enterprise. Additionally, the commission needed to determine if the agreement adequately covered the necessary minimum terms and conditions, and whether it provided fair and reasonable terms for the employees covered by it.

The commission carefully examined the provisions of the proposed agreement, considering the views and submissions of both parties. The union argued that the agreement was fair and reasonable, providing adequate protections and benefits for the employees. Construct Ceilings Pty Ltd, on the other hand, expressed concerns about certain provisions, particularly those relating to rostered days off and penalty rates. After reviewing the evidence and submissions, the commission determined that the proposed agreement met the statutory criteria for direct registration. The commission found that the agreement provided for fair and reasonable terms and conditions for the employees and was in the public interest. The commission also concluded that the agreement had been made in good faith and provided for the proper management of the enterprise. The provisions in question were found to be reasonable, taking into account the specific circumstances of the industry and the need to balance the interests of both employers and employees.

The commission approved the proposed enterprise agreement, finding that it complied with the requirements for direct registration. The agreement was registered on the terms and conditions set out in the decision, which became effective from the date of registration. This decision ensures that the terms and conditions of employment for the relevant employees are governed by the agreed-upon provisions, providing a framework for their working arrangements during the period of 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