DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2464)

TT STONE TOPS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 APRIL 2015

Application for approval of the TT Stone Tops 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 TT Stone Tops 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 4 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the TT Stone Tops Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute centred on whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was in compliance with all legislative requirements and adequately represented the interests of the employees. Conversely, the employer contended that certain provisions of the agreement were unfair and not in line with the statutory standards.

The primary legal issues for the Commission to determine were whether the agreement met the "better off overall test" and whether it contained provisions that were contrary to public policy or not genuinely intended as a workplace agreement. The Commission had to consider whether the agreement provided for terms and conditions that were no less favourable than the relevant awards or safety nets and whether it contained any unfair terms. The Commission also needed to ensure that the agreement did not contravene any statutory rights or public policy considerations.

In reaching its decision, the Commission carefully examined the terms of the agreement, the submissions from both parties, and relevant legislative provisions. The Commission found that the agreement did indeed meet the better off overall test and did not contain any unfair terms. It also confirmed that the agreement was not contrary to public policy and was genuinely intended as a workplace agreement. Consequently, the Commission approved the enterprise agreement, recognising its validity and applicability to the employees of TT Stone Tops Pty Ltd.

The final orders of the Commission included the approval of the TT Stone Tops Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015, effective from the date of the decision. The Commission's ruling provided clarity on the legal standing of the agreement and affirmed its compliance with the relevant industrial relations laws.

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