DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6215)

FARRELL SOLID PLASTERING TRUST (THE TRUSTEE FOR) T/AS FARRELL AND SON TRADITIONAL SOLID PLASTERING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for approval of the FARRELL SOLID PLASTERING TRUST (THE TRUSTEE FOR) T/As FARRELL AND SON TRADITIONAL SOLID PLASTERING and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the FARRELL SOLID PLASTERING TRUST (THE TRUSTEE FOR) T/As FARRELL AND SON TRADITIONAL SOLID PLASTERING and the CFMEU (Victorian Construction and General Division) 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 18 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of an enterprise agreement between the Farrell Solid Plastering Trust, trading as Farrell and Son Traditional Solid Plastering, and the CFMEU. The application was made under section 234 of the Fair Work Act 2009, seeking to have the agreement made eligible for registration. The CFMEU argued that the agreement contained necessary and appropriate terms and conditions, while the Trust opposed the application, asserting that the agreement was not fair and reasonable.

The legal issues before the Commission were whether the agreement contained terms that were necessary and appropriate for the protection of employees' rights and interests and whether it was fair and reasonable in all its terms. The Trust argued that certain provisions of the agreement were not necessary or appropriate, while the CFMEU contended that the provisions were essential to safeguard the rights and interests of the employees. The Commission had to determine whether the agreement met the statutory requirements for approval and registration.

The Commission found that the agreement contained necessary and appropriate terms and conditions for the protection of employees' rights and interests. It was satisfied that the provisions in question were essential to ensure fair treatment and protection of the employees. The Commission concluded that the agreement was fair and reasonable in all its terms and approved the application for registration. The decision was based on the evidence presented by both parties and the Commission's assessment of the agreement's provisions.

The final orders of the Commission were that the Farrell Solid Plastering Trust (the Trustee for) T/As Farrell and Son Traditional Solid Plastering and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and registered under section 234 of the Fair Work Act 2009. The agreement was deemed to have effect as a registered agreement from the date of the application.

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