DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4464)

BEZERRA FAMILY TRUST (THE TRUSTEE FOR) T/AS DELLERMAY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the BEZERRA FAMILY TRUST (THE TRUSTEE FOR) T/As DELLERMAY 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 BEZERRA FAMILY TRUST (THE TRUSTEE FOR) T/As DELLERMAY 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 20 July 2016 and, in accordance with s.54, will operate from 27 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the BEZERRA FAMILY TRUST (THE TRUSTEE FOR) trading as DELLERMAY PTY LTD, applied to the Fair Work Commission for approval of the Tilelayers Enterprise Agreement 2016 - 2018, which had been negotiated with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The primary dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The central legal issues before the Commission were whether the agreement contained provisions that were contrary to public policy, and whether it complied with the procedural requirements for bargaining and approval. The Commission had to determine whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether the process leading to its negotiation and conclusion met the legislative standards.

The Commission found that the agreement was not contrary to public policy, as it did not contain any provisions that were unlawful or detrimental to the public interest. It also found that the process leading to the negotiation and conclusion of the agreement was fair and that the agreement was made in good faith. The Commission noted that the parties had engaged in a genuine and meaningful bargaining process, which included the exchange of information and proposals. The agreement was approved, subject to minor modifications to ensure it complied with certain statutory requirements.

The final orders of the Commission were that the Tilelayers Enterprise Agreement 2016 - 2018, as modified, be approved. The modifications included adjustments to ensure compliance with the procedural requirements and to address minor technical issues in the agreement. The approval of the agreement was subject to these modifications and to the parties' compliance with any further directions of the Commission.

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