DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3361)

WEIJERS FAMILY TRUST (THE TRUSTEE FOR) T/AS CERAMSTONE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 AUGUST 2017

Application for approval of the Weijers Family Trust (The Trustee for) T/AS Ceramstone Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Weijers Family Trust (The Trustee for) T/AS Ceramstone Pty Ltd and CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018 (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. 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of the Construction, Forestry, Mining and Energy Union against T/AS Ceramstone Pty Ltd and the Weijers Family Trust, the Fair Work Commission (FWC) was called upon to determine whether to approve an enterprise agreement between the tilelayers enterprise and the union. The agreement in question aimed to provide a framework for the working conditions and rights of tilelayers within the specified period. The dispute arose from the contentions between the union and the employer regarding the terms and conditions laid out in the proposed agreement.

The primary legal issues that the FWC needed to address were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement provided for the protection of employees' rights and entitlements, and whether it was made in good faith. Additionally, the FWC had to consider whether the agreement satisfied the "better off overall test" (BOOT) to ensure that the employees were not disadvantaged by the terms of the agreement.

The FWC examined the arguments presented by both parties and analysed the provisions of the agreement. It concluded that the agreement, while containing certain provisions that did not fully protect the employees' rights, was fundamentally fair and met the requirements of good faith. Furthermore, the FWC determined that the agreement passed the BOOT by ensuring that employees would not be worse off overall. Consequently, the FWC approved the agreement, subject to the specified conditions, to ensure that it would provide adequate protection for the employees.

The FWC's final order was to approve the Tilelayers Enterprise Agreement 2016-2018, with the understanding that any concerns raised by the union regarding specific provisions would be subject to further negotiation and resolution. This decision reflects the FWC's role in balancing the interests of both employers and employees while upholding the principles of fairness and good faith in the workplace.

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