Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1797)

VICTORIA CITY TILING PTY LTD AS TRUSTEE FOR DAWOUD FAMILY TRUST T/As VICTORIA CITY TILING and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2022

Application for approval of the VICTORIA CITY TILING PTY LTD AS TRUSTEE FOR DAWOUD FAMILY TRUST T/As VICTORIA CITY TILING and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the VICTORIA CITY TILING PTY LTD AS TRUSTEE FOR DAWOUD FAMILY TRUST T/As VICTORIA CITY TILING and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 24 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The court was asked to approve an enterprise agreement between Victoria City Tiling Pty Ltd as trustee for the Dawood Family Trust t/as Victoria City Tiling and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors. The dispute arose from the negotiation and subsequent approval of the terms of a proposed enterprise agreement. The matter was heard by the Fair Work Commission, with the Deputy President, Michael John, presiding over the case.

The primary legal issues the court had to resolve were whether the agreement was fairly and genuinely negotiated and whether it complied with the relevant statutory requirements. The court had to consider whether the agreement was made in good faith and whether it met the standards of procedural fairness. Additionally, the court needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment.

The court examined the negotiation process and found that the agreement was indeed fairly and genuinely negotiated. The evidence presented demonstrated that both parties engaged in the negotiation process in good faith, with a willingness to reach a consensus. The court also found that the agreement met all the statutory requirements and provided for fair and reasonable terms and conditions of employment. Therefore, the court approved the enterprise agreement as it satisfied all the necessary criteria.

As a result of the court's decision, the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023 has been formally approved, and the terms and conditions outlined within the agreement will be binding upon both parties for the duration of the agreement. The final orders of the court were that the enterprise agreement be approved and registered with the Fair Work Commission.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established