DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4625)

WETSPOT CONSOLIDATED (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JULY 2016

Application for approval of the Wetspot Consolidated (VIC) 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 Wetspot Consolidated (VIC) 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 5 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Wetspot Consolidated (VIC) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard and determined by the Fair Work Commission (FWC). The union and the employer sought approval for the Tilelayers Enterprise Agreement 2016-2018, which was to govern the terms and conditions of employment for tilelayers working for the employer.

The central legal issue before the FWC was whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, particularly in relation to the procedural fairness, good faith bargaining, and the provision of genuine benefits to employees. The FWC had to consider whether the agreement was made in accordance with the prescribed process and whether it contained terms and conditions that were fair and reasonable. The employer argued that the agreement was the result of genuine negotiations and provided various benefits to the employees, while the union contended that the agreement did not adequately address certain issues and that there were procedural irregularities during the bargaining process.

In rendering its decision, the FWC examined the evidence presented by both parties and assessed the procedural fairness of the bargaining process. The Commission found that while there were some procedural issues, they did not undermine the overall fairness of the agreement. The FWC also considered the content of the agreement and determined that it provided genuine benefits to the employees, including improvements in pay and conditions, and was thus in accordance with the requirements of the Act. Consequently, the FWC approved the Tilelayers Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Tilelayers Enterprise Agreement 2016-2018, finding that it was made in accordance with the Fair Work Act and provided genuine benefits to the employees. The Commission determined that despite some procedural issues, the overall fairness of the agreement was not compromised. The agreement was therefore deemed to meet the requirements for approval.

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