DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lapham Commercial Plaster Pty Ltd
(AG2016/3693)

LAPHAM PLASTER PTY LTD & CFMEU ENTERPRISE AGREEMENT 2016-2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 JULY 2016

Application for approval of the Lapham Plaster Pty Ltd and CFMEU Enterprise Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Lapham Plaster Pty Ltd and CFMEU Enterprise Agreement 2016-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lapham Commercial Plaster Pty Ltd. 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 July 2016. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lapham Commercial Plaster Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission. The nature of the dispute centred on the terms of the proposed agreement, specifically whether they complied with the requirements of the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent, CFMEU, raised objections on several grounds, including that the agreement did not meet the "better off overall test" and contained terms that were inconsistent with the Act.

The legal issues before the court involved determining whether the agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act. The court had to assess if the agreement provided for a fair and efficient workplace, and whether it adhered to the statutory requirements for enterprise agreements. This included examining whether the agreement met the "better off overall test", ensuring that employees would not be worse off financially or in terms of conditions, and whether the agreement was procedurally sound in its negotiation process.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements. The commission noted that the agreement included provisions that were fair and reasonable for the employees, and it satisfied the "better off overall test". The commission also found that the agreement was procedurally sound, having been negotiated in good faith between the parties. Consequently, the commission approved the enterprise agreement. The court emphasised the importance of ensuring that employees are not disadvantaged by the terms of the agreement and that the negotiation process was fair and transparent.

The final orders of the Fair Work Commission included the approval of the Lapham Plaster Pty Ltd and CFMEU Enterprise Agreement 2016-2017, subject to certain conditions. These conditions were designed to ensure ongoing compliance with the Fair Work Act and to provide mechanisms for resolving any disputes that might arise in the future. The commission also directed that the agreement be registered with the Fair Work Commission and that any changes to the agreement would need to be approved by the commission in the future.

Lapham Commercial Plaster Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established