DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2726)

INLINE CERAMICS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 MAY 2015

Application for approval of the Inline Ceramics Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Inline Ceramics Pty Ltd and the CFMEU Building and Construction Industry 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 29 May 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 case involved an application for approval of the Inline Ceramics Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The dispute was heard in the Fair Work Commission of Australia. The primary issue the Commission had to address was whether the agreement met the legal standards required for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained appropriate provisions concerning minimum rates of pay, penalty rates, allowances, and leave entitlements, and if it adhered to the provisions of the Fair Work Act, including compliance with the National Employment Standards and the Public Holidays Declaration.

In assessing the agreement, the Commission examined the detailed terms and conditions outlined within it. It reviewed whether the pay rates and conditions were fair and reasonable, considering the nature of the work and the industry standards. The Commission also ensured that the agreement included necessary provisions for leave entitlements and public holiday provisions, and that it did not undermine the protections provided by the National Employment Standards. After a thorough analysis, the Commission concluded that the agreement adequately addressed these requirements and was thus in compliance with the Fair Work Act. As a result, the agreement was approved, allowing it to be registered and enforceable under the terms specified.

The Fair Work Commission approved the Inline Ceramics Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015, confirming that it met all the necessary legal standards. This decision provided certainty for the parties involved and ensured that the agreement could be implemented as a binding contract. The approval signified that the terms of the agreement were fair, reasonable, and in compliance with the relevant provisions of the Fair Work Act, including the National Employment Standards and public holiday provisions. The Commission’s decision provided clarity and legal enforceability to the agreement, facilitating its application within the specified industry.

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