Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 1995

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1069)

Prime Tile & Stone Pty Ltd and CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 6 APRIL 2018

Application for approval of the Prime Tile & Stone Pty Ltd and CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the Prime Tile & Stone Pty Ltd and 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Prime Tile & Stone Pty Ltd and CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the agreement under section 233 of the Fair Work Act 2009. The application was opposed by the Australian Building and Construction Commission (ABCC). The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Act and should be approved.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements for bargaining and whether it contained appropriate protections for employees. The Commission needed to assess if the agreement was made in good faith, if the parties had genuinely attempted to negotiate, and if the agreement provided adequate terms and conditions for employees, including provisions for minimum rates of pay, penalty rates, leave entitlements, and dispute resolution mechanisms.

The Commission found that the agreement was made in good faith and that the parties had genuinely attempted to negotiate. The agreement contained appropriate terms and conditions for employees, including provisions for minimum rates of pay, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission considered that the agreement was not contrary to the public interest and that it provided a fair and reasonable outcome for all parties involved. Therefore, the Commission approved the agreement under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the Prime Tile & Stone Pty Ltd and CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The Commission found that the agreement was made in good faith, contained appropriate terms and conditions for employees, and was not contrary to the public interest. The Commission determined that the agreement provided a fair and reasonable outcome for all parties involved and met the statutory requirements for bargaining. The Commission's decision was based on a thorough analysis of the evidence presented and a careful consideration of the legal issues at hand.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established