Platinum Commercial Plastering Solutions Pty Ltd Summary

[2013] FWCA 4951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum Commercial Plastering Solutions Pty Ltd
(AG2013/7500)

PLATINUM COMMERCIAL PLASTERING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 23 JULY 2013

Application for approval of the Platinum Commercial Plastering Solutions Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Platinum Commercial Plastering Solutions Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum Commercial Plastering Solutions 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 Agreement was approved on 23 July 2013 and, in accordance with s.54, will operate from 30 July 2013. The nominal expiry date of the Agreement is 22 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Platinum Commercial Plastering Solutions Pty Ltd, sought approval of the Enterprise Agreement 2013. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on the grounds that the agreement did not meet the requirements for a fair and reasonable agreement under the Fair Work Act 2009. The dispute centred around several provisions within the agreement, including those relating to the classification of employees, wage rates, and the process for resolving disputes.

The court was tasked with determining whether the agreement was fair and reasonable, taking into account the principles set out in section 230 of the Fair Work Act. This required an examination of the agreement's provisions to ensure they complied with the Fair Work Act's objectives of providing for a fair and efficient workplace relations system, and promoting high levels of employment and participation in the workforce. The court also considered the views of the parties and the potential impact of the agreement on the workforce.

After careful consideration, the commission found that the agreement was fair and reasonable. The commission determined that the agreement adequately addressed the interests of both employers and employees, providing for fair and efficient workplace relations while promoting high levels of employment and participation. The commission noted that the agreement provided for a transparent process for resolving disputes and provided for fair and reasonable wage rates. The commission concluded that the agreement was consistent with the objectives of the Fair Work Act and was therefore approved.

The final orders included the approval of the Enterprise Agreement 2013, which was to be registered with the Fair Work Commission. The agreement was to be in effect from the date of registration and would govern the employment conditions of the employees covered by the agreement. The commission also ordered that the agreement be given to the parties and published on the Fair Work Commission's website.

Platinum Commercial Plastering Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established