DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5726)

STANMOR CERAMICS CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 OCTOBER 2018

Application for approval of the STANMOR CERAMICS CONTRACTING 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 STANMOR CERAMICS CONTRACTING 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 31 October 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Stanmor Ceramics Contracting Pty Ltd. The dispute centred on the application for the approval of the Tilelayers Enterprise Agreement 2016-2018 between the parties. The matter was heard by the Fair Work Commission (FWC), Australia’s independent workplace relations tribunal.

The central legal issues before the FWC were whether the agreement met the Fair Work Act's criteria for being a "protected action" and if it complied with the Act's requirements. The FWC had to determine if the agreement was made in good faith, if it provided for minimum terms and conditions of employment, and if it was free from any unfair content. Additionally, the court considered whether the agreement was appropriately certified by an authorised certifier and if it was suitable for the approval process.

In its reasoning, the FWC found that the agreement was made in good faith and was appropriately certified. The court also determined that the agreement provided for minimum terms and conditions of employment and was free from any unfair content. The FWC noted that the agreement included provisions for wages, hours of work, and other employment conditions that met the statutory requirements. The FWC approved the agreement, finding it to be compliant with the Fair Work Act.

The final orders of the court were to approve the Tilelayers Enterprise Agreement 2016-2018 between Stanmor Ceramics Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was approved, effective from the date of the decision.

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