DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JJ Solid Plasterers
(AG2015/2425)

MEDICA FAMILY TRUST TRADING AS JJ SOLID PLASTERERS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 29 APRIL 2015

Application for approval of the Medica Family Trust trading as JJ Solid Plasterers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Medica Family Trust trading as JJ Solid Plasterers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JJ Solid Plasterers. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 29 April 2015 and, in accordance with s.54, will operate from 6 May 2015. The nominal expiry date of the Agreement is 28 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Medica Family Trust trading as JJ Solid Plasterers, sought approval of its 2015 enterprise agreement from the Fair Work Commission. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 in terms of procedural fairness, substantive fairness and the protection of employees' rights.

The legal issues before the Commission were whether the agreement was genuinely negotiated, if it provided adequate protections for employees, and whether the procedural steps taken in the negotiation process complied with the relevant statutory provisions. The Commission had to determine if the process was conducted fairly and if the terms of the agreement were just and reasonable in light of the broader economic and social context.

In its decision, the Fair Work Commission examined the negotiation process and found it to be procedurally sound, with both parties engaging in good faith. The Commission also assessed the substantive fairness of the agreement, considering factors such as wage rates, working conditions and dispute resolution mechanisms. It concluded that the agreement provided adequate protections for employees and was not detrimental to their rights. Consequently, the Commission approved the application, recognising that the agreement was fair and balanced in the context of the industry and the parties' respective positions.

The Fair Work Commission approved the Medica Family Trust's 2015 enterprise agreement, finding it to be fairly negotiated and substantively fair, while adequately protecting employees' rights. The Commission's decision was based on a comprehensive evaluation of the negotiation process and the terms of the agreement, affirming its compliance with the Fair Work Act 2009.

JJ Solid Plasterers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established