DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2997)

GALAXY CERAMICS PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JUNE 2015

Application for approval of the Galaxy Ceramics Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Galaxy Ceramics Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 23 June 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Galaxy Ceramics Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2015. The Construction, Forestry, Mining and Energy Union (CFMEU) sought to have the enterprise agreement approved, while Galaxy Ceramics Pty Ltd, the employer, did not oppose the approval but raised certain concerns regarding specific clauses within the agreement. The case was heard in the Fair Work Commission, the primary federal workplace relations tribunal in Australia.

The legal issues the court was required to decide centered on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement contained provisions that were contrary to public policy or were otherwise invalid. The employer's concerns focused on certain clauses that related to the conditions of employment, such as the inclusion of penalty rates for certain types of work and the imposition of specific duties on the employer. The court had to examine these provisions to determine if they complied with the relevant legislative framework and did not contravene any statutory provisions.

The Fair Work Commission, after carefully reviewing the enterprise agreement and the submissions from both parties, found that the agreement generally met the statutory requirements for approval. The court acknowledged that some of the provisions raised by the employer did require closer scrutiny, but ultimately concluded that they did not contravene any provisions of the Fair Work Act 2009 or other relevant legislation. The court found that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any provisions that were contrary to public policy. Accordingly, the court approved the enterprise agreement.

In its decision, the Fair Work Commission approved the Galaxy Ceramics Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2015, subject to certain modifications to address the employer's concerns. The court's final orders included the approval of the enterprise agreement, with specific modifications to certain clauses to ensure compliance with the Fair Work Act 2009 and other relevant legislation. The modifications related primarily to the conditions of employment, including the clarification of certain duties and the adjustment of penalty rates to ensure they were fair and reasonable.

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