DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/156)

VERCON TILING & STONE PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 APRIL 2015

Application for approval of the Vercon Tiling & Stone Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Vercon Tiling & Stone Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 April 2015 and, in accordance with s.54, will operate from 14 April 2015. The nominal expiry date of the Agreement is 30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant, Construction, Forestry, Mining and Energy Union, sought approval of an enterprise agreement from the Fair Work Commission under the Fair Work Act 2009. The agreement in question was the Vercon Tiling & Stone Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017. The dispute arose from Vercon Tiling & Stone Pty Ltd's objection to the proposed agreement, which was to cover their employees who were members of the union. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal.

The legal issues before the court involved whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement provided for fair and equitable terms and conditions, whether it was free from any improper influence or interference, and if it satisfied the provisions of the Act concerning procedural fairness. Another key issue was whether the agreement adequately addressed the concerns raised by Vercon Tiling & Stone Pty Ltd, particularly in relation to operational flexibility and the potential impact on the business.

The Fair Work Commission examined the terms and conditions of the proposed agreement, finding that it provided for fair and reasonable terms and conditions of employment. The commission noted that the agreement was the result of genuine bargaining between the parties and did not contain any terms that were contrary to public policy or unfair. The court also found that the agreement was free from improper influence or interference and that the bargaining process had been conducted in a procedurally fair manner. After considering all submissions, the commission concluded that the agreement should be approved as it balanced the interests of both the employer and the employees.

As a result, the Fair Work Commission approved the Vercon Tiling & Stone Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017, and the application for approval was successful. The approved agreement now serves as a binding contract between Vercon Tiling & Stone Pty Ltd and the union, governing the terms and conditions of employment for the relevant employees. The decision by the Fair Work Commission is final and binding, subject to limited avenues for review or appeal.

Construction, Forestry, Mining and Energy Union

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established