DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4965)

DEFAZIO COMMERCIAL PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2020

Application for approval of the DEFAZIO COMMERCIAL PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the DEFAZIO COMMERCIAL PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Tilelayers Enterprise Agreement 2019-2020 between DEFAZIO COMMERCIAL PROJECTS PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission, an Australian workplace relations tribunal with the authority to approve enterprise agreements. The central dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement provided a safety net for the employees and complied with the provisions of the Fair Work Act. The court had to assess if the agreement met the minimum standards for wages and conditions, and whether it was certified by a certified agreement. Additionally, the court had to ensure that the agreement did not undermine the rights of the employees and provided fair terms and conditions.

In its decision, the Fair Work Commission found that the Tilelayers Enterprise Agreement 2019-2020 did provide a safety net for the employees and complied with the statutory requirements. The agreement was deemed to provide fair and reasonable terms and conditions that did not undermine the rights of the employees. The court noted that the agreement included provisions for minimum wages, penalty rates, and other employment conditions that met the minimum standards set by the Fair Work Act. The agreement also contained provisions for dispute resolution mechanisms and compliance with relevant industrial awards. Therefore, the Fair Work Commission approved the agreement.

The Fair Work Commission approved the Tilelayers Enterprise Agreement 2019-2020 between DEFAZIO COMMERCIAL PROJECTS PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The court ordered that the agreement be registered and binding on all parties from the effective date of the agreement.

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