DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5249)

LINK STONE WORKS 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, 2 JUNE 2021

Application for approval of the LINK STONE WORKS 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 LINK STONE WORKS 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 9 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a subcontractor tile layers enterprise agreement between LINK STONE WORKS PTY LTD and the CFMEU (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The primary issue for the court was to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to consider if the agreement was free from any illegality, if it was in good faith, and if it was made without any improper conduct.

The court examined the agreement clause by clause, assessing its compliance with the relevant provisions of the Fair Work Act. It found that the agreement was generally in line with the legislative requirements, though there were some minor issues that needed to be addressed. The court noted that while most provisions were acceptable, certain clauses relating to subcontracting needed to be revised to ensure they did not contravene existing laws. The court also considered the parties' bargaining positions and the context in which the agreement was made. Ultimately, the court concluded that the agreement, with the specified amendments, was fair and met the statutory criteria.

In its decision, the court approved the agreement subject to the specified amendments. It directed that the parties revise the relevant clauses to ensure compliance with the law. The court provided detailed guidance on the necessary changes, ensuring that the agreement would not only meet the statutory requirements but also reflect the principles of good faith bargaining. The final orders included the approval of the agreement with conditions that the specified amendments be implemented within a specified timeframe. The court emphasised the importance of adhering to the Fair Work Act and maintaining the integrity of the industrial relations system.

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