DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6066)

DA STAR (AUS) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 OCTOBER 2016

Application for approval of the DA Star (AUS) 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 DA Star (AUS) 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 11 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

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a proposed enterprise agreement between DA Star (AUS) Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement related to the terms and conditions of employment for employees in the plastering industry for the period 2016-2018. The application was brought before the Fair Work Commission, which is responsible for the approval of enterprise agreements. The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether the agreement facilitated the achievement of a productive and efficient workplace and whether the agreement provided for proper mechanisms to resolve disputes. The Commission found that the proposed agreement met the criteria for approval, noting that it included provisions for a productive and efficient workplace and provided for appropriate mechanisms to resolve disputes. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. As a result, the Commission approved the proposed enterprise agreement, which will now be binding on the parties and their employees. The approval of the agreement will provide certainty and stability for both employers and employees in the plastering industry, and will facilitate the achievement of a productive and efficient workplace.

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