DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2108)

NEWEY FAMILY TRUST (THE TRUSTEE FOR) T/AS IMAGE STONE CONSTRUCTIONS 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 Newey Family Trust (The Trustee for) T/As Image Stone Constructions 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 Newey Family Trust (The Trustee for) T/As Image Stone Constructions 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 court involved an application for the approval of an enterprise agreement between the Newey Family Trust trading as Image Stone Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute arose from the negotiation and subsequent agreement of terms and conditions for the employees under the Tilelayers Enterprise Agreement 2016-2018. The application was heard and determined by the Fair Work Commission (FWC), a body established under the Fair Work Act 2009 to provide an independent and efficient system for resolving workplace disputes.

The primary legal issues addressed by the FWC in this case were whether the enterprise agreement met the statutory requirements under the Fair Work Act for approval and registration. This included assessing if the agreement was made in good faith, the extent of its coverage, and whether it complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Act 2009. The FWC also needed to determine if the agreement contained all the prescribed terms and conditions as mandated by the Act, including minimum rates of pay and other employment entitlements.

In making its decision, the FWC reviewed the evidence presented by both parties and examined the terms of the agreement. The Commission found that the agreement was made in good faith and that it complied with all statutory requirements. The FWC concluded that the agreement was fair and appropriate, taking into account the economic circumstances and the bargaining positions of the parties. The Commission was satisfied that the agreement provided for a fair and reasonable resolution of the terms and conditions of employment, thereby meeting all the criteria for approval under the Act.

The FWC approved and registered the Tilelayers Enterprise Agreement 2016-2018, making it binding on the parties from the date of the decision. This outcome ensures that the terms and conditions of employment for the employees of Image Stone Constructions Pty Ltd are governed by the agreed-upon provisions until the agreement expires.

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