DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5387)

STONE DESIGN GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION ADN GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	CANBERRA, 5 OCTOBER 2018

Application for approval of the STONE DESIGN 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 STONE DESIGN 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 12 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Stone Design Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The application was opposed by Stone Design Group Pty Ltd, which raised concerns about certain provisions of the agreement, including those relating to the classification of employees and the use of labour hire workers. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the fair and efficient determination of terms and conditions of employment.

The Commission found that the agreement met the criteria for approval. It determined that the classification provisions were not unfair and that the use of labour hire workers was not prohibited. The Commission also found that the agreement provided for the fair and efficient determination of terms and conditions of employment and that it was in the best interests of the employees covered by the agreement. The Commission noted that the agreement provided for a range of benefits for employees, including pay rates that were above the minimum required by the relevant award, provisions for additional leave and shift loadings, and provisions for the protection of employees' health and safety.

The Commission approved the agreement, subject to certain modifications to address the concerns raised by Stone Design Group Pty Ltd. The modifications related to the classification of employees and the use of labour hire workers, and were designed to ensure that the agreement complied with the requirements of the Fair Work Act 2009. The CFMEU and Stone Design Group Pty Ltd were directed to take all necessary steps to give effect to the approved agreement.

The Fair Work Commission approved the Stone Design Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018, subject to certain modifications. The modifications were designed to address the concerns raised by Stone Design Group Pty Ltd and to ensure that the agreement complied with the requirements of the Fair Work Act 2009. The CFMEU and Stone Design Group Pty Ltd were directed to take all necessary steps to give effect to the approved 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