DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2109)

CLASSIC STONE FAMILY TRUST (THE TRUSTEE FOR) T/AS CLASSIC STONE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 JULY 2019

Application for approval of the Classic Stone Family Trust (The Trustee For) T/As Classic Stone Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Classic Stone Family Trust (The Trustee For) T/As Classic Stone Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between the Classic Stone Family Trust, trading as Classic Stone Group Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the terms of the Tilelayers Enterprise Agreement 2016-2018, with the union seeking to confirm the agreement in accordance with the Fair Work Act 2009. The central legal issues revolved around whether the agreement complied with the statutory requirements for approval under the Act, including whether it was made in good faith and whether it included appropriate mechanisms for resolving disputes.

The Commission examined whether the agreement contained all mandatory terms and conditions as required by the Fair Work Act. It considered the fairness of the terms, the adequacy of dispute resolution provisions, and whether the agreement was made in good faith. The Commission also assessed whether the agreement met the requirements for approval, including that it was not detrimental to the employees and provided a safety net for workers. The union argued that the agreement was fair and represented the best possible terms for its members, while the employer contended that the agreement contained provisions that were not in the best interest of the business.

After thorough deliberation, the Fair Work Commission approved the Tilelayers Enterprise Agreement 2016-2018, finding it met all statutory requirements for approval. The Commission determined that the agreement was made in good faith, included appropriate dispute resolution mechanisms, and provided a fair safety net for employees. The Commission also found that the agreement was not detrimental to the employees and was in line with the principles of the Fair Work Act. The decision confirmed the agreement as binding between the parties, ensuring the rights and obligations of both the employer and the union were clearly defined.

The final orders of the Commission included the approval of the Tilelayers Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. This decision provided clarity and certainty for both the employer and the union, ensuring that the agreement would govern the employment conditions of the tilelayers within the Classic Stone Group 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