DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/595)

V LAND PLASTERING GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 MARCH 2018

Application for approval of the V Land Plastering Group 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 V Land Plastering Group 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 16 March 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMU), sought approval of the V Land Plastering Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016 - 2018. The respondent, V Land Plastering Group Pty Ltd, opposed the application on various grounds, including that the agreement was not genuinely negotiated between the parties and did not comply with certain provisions of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issues before the court were whether the agreement was genuinely negotiated between the parties, and whether it complied with the requirements of the Fair Work Act 2009. The court needed to consider the evidence and submissions from both parties to determine whether the agreement met the necessary standards for approval. The court also had to consider the relevant provisions of the Fair Work Act 2009 and any relevant case law.

After examining the evidence and submissions, the Fair Work Commission found that the agreement was genuinely negotiated between the parties and complied with the requirements of the Fair Work Act 2009. The court found that the evidence demonstrated that the parties had engaged in genuine negotiations, and that the agreement reflected the outcomes of those negotiations. The court also found that the agreement met all the necessary requirements for approval under the Fair Work Act 2009. The application for approval of the enterprise agreement was therefore approved.

The Fair Work Commission ordered that the V Land Plastering Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016 - 2018 be approved as a registered agreement under section 180 of the Fair Work Act 2009. The agreement will now be in effect for the specified period, providing a framework for the 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