DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4142)

THE TRUSTEE FOR EXTON FAMILY TRUST T/AS BRISBANE TILE & STONE SEALING AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 MARCH 2021

Application for approval of The Trustee for Exton Family Trust T/As Brisbane Tile & Stone Sealing and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Exton Family Trust T/As Brisbane Tile & Stone Sealing and CFMEU Union Collective Agreement 2020-2022 (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] Clause 32.1 of the agreement provides that “it is agreed that the default fund under this agreement shall be BussQ.” Clause 32.1 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act). The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act). Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[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 30 March 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of a collective agreement between The Trustee for the Exton Family Trust, trading as Brisbane Tile & Stone Sealing, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission, which has the jurisdiction to approve such agreements, was the court in this matter. The dispute centred around the validity and fairness of the terms outlined in the collective agreement, which was proposed to cover the period 2020 to 2022.

The key legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. Specifically, the Commission had to consider if the agreement met the requirements for being a "registered agreement" under the Act, which includes being free from prohibited content and being made in good faith. Additionally, the Commission needed to assess if the agreement provided a safety net for employees and promoted productivity and economic efficiency.

The Fair Work Commission concluded that the collective agreement met all the statutory requirements and was fair and reasonable. The Commission found that the agreement was made in good faith and contained no prohibited content. Furthermore, it provided a safety net for employees, ensuring minimum conditions of employment were protected. The Commission also determined that the agreement promoted productivity and economic efficiency by allowing for flexibility in work arrangements and providing clear processes for dispute resolution. Consequently, the Commission approved the agreement, and it was registered with the Fair Work Commission.

In light of the findings, the Fair Work Commission approved the collective agreement between The Trustee for the Exton Family Trust, trading as Brisbane Tile & Stone Sealing, and the CFMEU for the period 2020 to 2022. This decision ensures that the agreement will now be enforceable under the Fair Work Act 2009, providing a framework for the employment relationship between the parties for the specified period.

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