DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5852)

TILE EFFECT (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STONEMASONS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JULY 2021

Application for approval of the TILE EFFECT (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the TILE EFFECT (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others¹, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Tile Effect (VIC) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Subcontractors Stonemasons Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This included verifying that the agreement was genuinely negotiated, covered appropriate bargaining units, and complied with the good faith bargaining provisions.

The Fair Work Commission examined the negotiation process and the content of the agreement to determine its validity. The Commission found that the agreement was the product of genuine negotiations between the parties and was applicable to the appropriate bargaining units. The Commission also confirmed that the agreement complied with the good faith bargaining requirements, as evidenced by the comprehensive negotiation process and the willingness of both parties to reach a mutually acceptable agreement. The Commission concluded that the agreement was fair and reasonable, and approved it accordingly.

Following the Commission's decision, the Fair Work Commission granted approval for the Subcontractors Stonemasons Enterprise Agreement 2020-2023, effective from the date of the decision. This decision ensures that the terms and conditions of employment for stonemasons in the specified industry are governed by the agreed-upon enterprise agreement, providing a clear framework for both employers and employees.

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