DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7208)

STANMORE CERAMICS CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the Stanmore Ceramics Contracting 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 Stanmore Ceramics Contracting Pty Ltd and the 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 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 7 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFME) sought approval of a proposed enterprise agreement with Stanmore Ceramics Contracting Pty Ltd. The agreement, titled the Stanmore Ceramics Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018, was submitted for consideration under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the legal requirements for approval, including provisions for minimum wages, conditions, and procedural fairness.

The central legal issues involved determining if the agreement contained fair and reasonable terms and conditions, whether it provided for minimum pay rates as required, and if it adhered to procedural fairness. The CFMEU argued that the agreement was fair and reasonable and met all legislative requirements. Conversely, Stanmore Ceramics Contracting Pty Ltd contended that certain provisions were unfair and did not comply with statutory obligations. The Commission needed to evaluate the fairness and reasonableness of the agreement and its compliance with relevant legislative standards.

The Commission thoroughly examined the agreement, considering the submissions from both parties. It found that the agreement was fair and reasonable in all its terms. The Commission confirmed that the agreement provided for minimum wages and conditions as required by law and was consistent with procedural fairness. The Commission approved the agreement, finding that it met all statutory requirements and was fair and reasonable.

The final orders of the Commission were that the Stanmore Ceramics Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018 be approved in its entirety. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of approval.

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