DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4876)

DEFAZIO COMMERCIAL PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the DeFazio Commercial Projects 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 DeFazio Commercial Projects 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, 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 was approved on 9 August 2016 and, in accordance with s.54, will operate from 16 August 2016. 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 matter involved a dispute between the Construction, Forestry, Mining and Energy Union and DeFazio Commercial Projects Pty Ltd, regarding the approval of the Tilelayers Enterprise Agreement 2016-2018. The dispute was heard in the Fair Work Commission, a tribunal under the Fair Work Act 2009. The union sought approval of the agreement which outlined the terms of employment for tile layers, while the employer contested certain provisions, arguing they were not reasonably required for the business operations.

The legal issues before the Commission included whether certain provisions within the agreement were necessary for the business operations of the employer, and if the agreement complied with the requirements of the Fair Work Act. Specifically, the employer objected to provisions related to pay rates and conditions, contending they were not essential for the efficient conduct of the employer’s business and were overly restrictive. The union argued that the provisions were necessary to protect the workers' interests and were consistent with broader industry standards.

The Fair Work Commission evaluated the necessity of each contested provision against the statutory criteria outlined in the Fair Work Act. The Commission found that the provisions in question were reasonably required for the efficient conduct of the employer’s business, considering the specific nature of the tile laying work and industry standards. The Commission held that the provisions were necessary to ensure the protection of workers and to maintain fair and reasonable terms of employment. Consequently, the Commission approved the agreement, determining that it met the legislative requirements and was fair and reasonable in all aspects.

The final orders of the Commission were that the Tilelayers Enterprise Agreement 2016-2018, as presented, was approved and would be registered. The agreement would now bind both the employer and the union, setting out the terms of employment for the duration specified.

Construction, Forestry, 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