DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2782)

WILLIS BROS VICTORIA PTY LTD T/AS WILLIS BROS MARBLE & GRANITE AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2016

Application for approval of the WILLIS BROS VICTORIA PTY LTD T/As WILLIS BROS MARBLE & GRANITE and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the WILLIS BROS VICTORIA PTY LTD T/As WILLIS BROS MARBLE & GRANITE and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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, 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 26 April 2016 and, in accordance with s.54, will operate from 3 May 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Willis Bros Victoria Pty Ltd t/as Willis Bros Marble & Granite and the Construction, Forestry, Mining and Energy Union (CFMETU) appeared before the Fair Work Commission to seek approval of the Willis Bros Marble & Granite and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The application for approval arose due to the parties’ negotiations over the terms of the enterprise agreement. The CFMEU represented the employees, while Willis Bros Marble & Granite sought to establish specific conditions of employment for its workers.

The primary legal issue before the court was whether the agreement met the requirements under the Fair Work Act 2009 for enterprise agreements to be approved. The court needed to assess if the agreement contained the necessary minimum terms and conditions as outlined in the Act and if it was made in good faith and without coercion. The court also examined if the agreement provided for a proper process for resolving disputes between the parties.

The Fair Work Commission found that the agreement contained all the mandated minimum terms and conditions as stipulated in the Fair Work Act 2009. The court was satisfied that the agreement was made in good faith and without coercion, and it included a proper dispute resolution process. Consequently, the court approved the Willis Bros Marble & Granite and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018, affirming its compliance with the legislative requirements.

The final order of the court was the approval of the enterprise agreement between Willis Bros Victoria Pty Ltd t/as Willis Bros Marble & Granite and the CFMEU. The agreement, which specifies the terms and conditions of employment for the workers, was deemed to meet the statutory criteria for approval and was therefore endorsed by the Fair Work 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