Construction, Forestry, Mining and Energy Union

[2013] FWCA 2820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6272)

WILLIS BROS VICTORIA PTY LTD T/AS WILLIS BROS MARBLE & GRANITE AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 MAY 2013

Application for approval of the Willis Bros Victoria Pty Ltd T/As Willis Bros Marble & Granite and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Willis Bros Victoria Pty Ltd T/As Willis Bros Marble & Granite 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 15 May 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 Construction, Forestry, Mining and Energy Union, acting on behalf of its members, sought approval of the CFMEU Tilelayers Enterprise Agreement 2011-2015, with the primary respondents being Willis Bros Victoria Pty Ltd T/As Willis Bros Marble & Granite. The application was brought before the Fair Work Commission, which adjudicates on disputes related to workplace agreements and industrial relations. The union argued that the agreement, which had been negotiated between the union and the employer, should be certified as it met the requirements for a modern award and covered various aspects of employment, including wages, conditions, and dispute resolution mechanisms.

The legal issues before the Commission centred on whether the agreement provided fair and reasonable terms and conditions of employment. Specifically, the Commission had to determine if the agreement was in the public interest, and if it provided for minimum terms and conditions better than, or at least no worse than, those provided for in the relevant modern award. Additionally, the Commission examined whether the agreement appropriately balanced the rights and interests of employers and employees, and if it adhered to the principles of procedural fairness and good faith bargaining.

The Commission found that the agreement was fair and reasonable, and thus in the public interest. It was certified as meeting the criteria for a modern award, providing terms and conditions that were not less favourable than those in the relevant modern award. The Commission highlighted that the agreement included provisions for wage progression, adequate dispute resolution mechanisms, and provisions for employee training and development. The Commission also noted that the agreement was the result of good faith negotiations between the union and the employer, and that it appropriately balanced the rights and interests of both parties.

As a result of this decision, the CFMEU Tilelayers Enterprise Agreement 2011-2015 was approved and certified by the Fair Work Commission. The agreement is now legally binding on the parties involved, and sets the terms and conditions of employment for the relevant employees. The union and employer may now proceed with the implementation of the agreement, and any disputes arising from its operation can be resolved in accordance with the agreed-upon procedures.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established