Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8592)

D IVANKOVIC FAMILY TRUST T/AS RESTORO PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 AUGUST 2013

Application for approval of the D Ivankovic Family Trust T/As Restoro Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the D Ivankovic Family Trust T/As Restoro Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015 (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, 187 and 188 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 6 September 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for approval of the CFMEU Tilelayers Enterprise Agreement 2011-2015, between the Construction, Forestry, Mining and Energy Union (CFMEU) and the D Ivankovic Family Trust trading as Restoro Pty Ltd. The agreement related to the employment of tile layers in the construction industry. The applicant, the CFMEU, sought approval of the enterprise agreement under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations, and whether it was in the best interests of the employees covered by the agreement.

The Commission found that the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. However, the Commission was concerned that the agreement did not provide adequate protections for employees in relation to their entitlements to long service leave. The Commission also found that the agreement did not adequately address the issue of casual employees and their entitlements. The Commission ultimately approved the agreement, but with modifications to address the concerns raised. The modifications included the introduction of a new clause relating to long service leave and the provision of additional protections for casual employees.

The Commission held that the modified agreement was in the best interests of the employees covered by the agreement. The Commission noted that the agreement provided for a range of protections and entitlements for employees, including minimum rates of pay, leave entitlements, and provisions for the resolution of disputes. The Commission also noted that the agreement provided for a system of enterprise bargaining, which allowed for the negotiation of further improvements in employees' conditions of employment.

The Commission made an order approving the CFMEU Tilelayers Enterprise Agreement 2011-2015, with modifications. The modified agreement came into effect on 1 July 2011.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established