DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5848)

DE FAZIO COMMERCIAL PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TILELAYERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JULY 2021

Application for approval of the DE FAZIO COMMERCIAL PROJETCS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the DE FAZIO COMMERCIAL PROJETCS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and DE Fazio Commercial Projects Pty Ltd. The dispute was about whether to approve a Subcontractors Tilelayers Enterprise Agreement 2020-2023. This agreement was made between the CFMEU and DE Fazio. The Fair Work Commission heard this case.

The main legal issues the court had to decide were whether the agreement was in line with the Fair Work Act 2009 and whether it was made fairly and without any bad practices. This meant looking at things like if the workers had a fair chance to discuss the agreement and if the agreement was made without forcing anyone.

The court decided that the agreement was fair and followed the law. They looked at how the agreement was made and if the workers had a fair chance to discuss it. The court was happy with how the agreement was made and that it was fair for everyone involved. They approved the agreement.

The Fair Work Commission approved the Subcontractors Tilelayers Enterprise Agreement 2020-2023 between DE Fazio Commercial Projects Pty Ltd and the CFMEU (Victorian Construction and General Division).

Construction, Forestry, Maritime, 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