DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Professional Plaster
(AG2015/3734)

TASMANIAN PROFESSIONAL PLASTER & CFMEU ENTERPRISE AGREEMENT 2015 -2017

Tasmania
COMMISSIONER ROE	MELBOURNE, 6 JULY 2015

Application for approval of the Tasmanian Professional Plaster & CFMEU Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an single-enterprise agreement known as the Tasmanian Professional Plaster & CFMEU Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Professional Plaster (the Applicant).

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Construction, Forestry, Mining and Energy Union, being the 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2015. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Tasmanian Professional Plasterers Association and the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Tasmanian Professional Plaster & CFMEU Enterprise Agreement 2015-2017. The application was opposed by the Tasmanian Building Industry Group. The matter came before the Commission for hearing in February 2016. The primary issue for determination was whether the provisions of the agreement were consistent with the relevant provisions of the Fair Work Act 2009, including the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. This involved assessing the agreement's compliance with the requirements for approval, such as its coverage, the process by which it was made, and its substantive provisions.

The Commission considered the evidence and submissions from both parties. The applicant argued that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions. The respondent contended that the agreement did not comply with the Act due to procedural deficiencies and substantive issues. After careful consideration, the Commission found that the agreement was made in good faith and that the procedural requirements were substantially complied with. It also found that the substantive provisions of the agreement were fair and reasonable, taking into account the interests of both parties. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Tasmanian Professional Plaster & CFMEU Enterprise Agreement 2015-2017, finding that it complied with the relevant provisions of the Fair Work Act 2009. The decision was made on the basis that the agreement was made in good faith and that its procedural and substantive provisions met the necessary standards. The Commission's approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable.

Tasmanian Professional Plaster

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established