Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2511

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6103)

VICIC FAMILY TRUST T/AS AAV TILING AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 24 APRIL 2013

Application for approval of the Vicic Family Trust T/As AAV Tiling and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Vicic Family Trust T/As AAV Tiling 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 1 May 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for the Vicic Family Trust to operate as AAV Tiling under the CFMEU Tilelayers Enterprise Agreement 2011-2015. The Fair Work Commission heard the application, which pertained to the Trust's eligibility to engage under the specific enterprise agreement. The central legal issues revolved around whether the Trust met the criteria for approval under the Fair Work Act and whether the Trust's operations aligned with the terms of the enterprise agreement.

The Commission examined the Trust's structure and operations to determine its eligibility for approval. It considered whether the Trust was genuinely operating as a small business and if its operations were consistent with the terms of the enterprise agreement. The Trust argued that it met the criteria for small business status and that its operations fell within the scope of the enterprise agreement. The Commission evaluated the evidence presented and assessed whether the Trust's activities aligned with the agreement's provisions.

After thorough consideration, the Commission determined that the Vicic Family Trust T/As AAV Tiling did not meet the criteria for approval under the Fair Work Act. It concluded that the Trust's operations did not align with the terms of the enterprise agreement, particularly concerning the classification of employees and the scope of work. Consequently, the application for approval was dismissed. The decision highlighted the importance of compliance with enterprise agreements and the need for entities to operate within the specified parameters to qualify for approval.

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