DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6681)

ADDAMO, RAYMOND T/AS RJA CERAMICS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 -

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the Addamo, Raymond T/As RJA Ceramics 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 Addamo, Raymond T/As RJA Ceramics 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 9 November 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 this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Tilelayers Enterprise Agreement 2016-2018 between RJA Ceramics and the union. The primary issue before the FWC was whether the agreement met the requirements of section 232 of the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions, and whether it was genuinely negotiated.

The FWC determined that the agreement did not meet the requirements of section 232. The FWC found that the agreement lacked provisions for minimum rates of pay, loadings, shift penalties, and penalty rates for Sundays and public holidays, which are essential terms for a fair and reasonable agreement. The FWC also noted that there were no provisions for additional payments for working on public holidays or for overtime, which are common in the industry. The FWC found that the absence of these provisions meant that the agreement did not provide for fair and reasonable terms and conditions.

Furthermore, the FWC found that the agreement was not genuinely negotiated. The FWC found that RJA Ceramics had imposed significant limitations on the union's ability to negotiate, including limiting the scope of the agreement to only certain employees and excluding certain terms from negotiation. The FWC found that these limitations meant that the union was not able to genuinely negotiate the agreement.

The FWC refused to approve the agreement. The FWC found that the agreement did not meet the requirements of section 232 of the Fair Work Act 2009, and therefore could not be approved. The FWC emphasised the importance of genuine negotiation and the need for agreements to provide for fair and reasonable terms and conditions. The FWC's decision highlights the importance of ensuring that enterprise agreements are genuinely negotiated and provide for fair and reasonable terms and conditions.

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