DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/154)

VERCON TILING & STONE PTY LTD AND CFMEU (WA) (OLD TREASURY BUILDING) GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Vercon Tiling & Stone Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Vercon Tiling & Stone Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014 (Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Vercon Tiling & Stone Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA). The union sought approval for the Vercon Tiling & Stone Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014. The dispute centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the procedural requirements for approval, including the provision of a copy to the employer and the requisite period for objection, and whether it contained any provisions that were contrary to public policy or not genuinely an enterprise agreement. Additionally, the Commission needed to determine if the agreement was made in good faith and whether it met the provisions regarding the protection of employees' rights and entitlements.

The Fair Work Commission found that the agreement was procedurally sound, with proper notification and objection periods observed. The Commission further determined that the agreement did not contravene public policy or contain any provisions that were not genuinely an enterprise agreement. The Commission concluded that the agreement was made in good faith and met the statutory requirements for approval. Consequently, the Commission approved the agreement, noting its compliance with the legislative framework and its potential benefits for the employees involved.

No further orders were made by the Commission beyond the approval of the enterprise agreement.

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