DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Ceramics Pty Ltd
(AG2021/6757)

METRO CERAMICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TILELAYERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 AUGUST 2021

Application for approval of the Metro Ceramics Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Metro Ceramics Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Ceramics Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Metro Ceramics Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023. The application was brought by the CFMEU, who sought to have the agreement made a registered agreement under the Fair Work Act 2009 (Cth). Metro Ceramics Pty Ltd did not oppose the application but made submissions on certain aspects of the agreement. The central dispute concerned the terms and conditions of employment for tile layers employed by subcontractors of Metro Ceramics.

The legal issues that the Commission was required to decide included whether the agreement met the statutory requirements for registration under the Fair Work Act, including whether it provided for minimum terms and conditions of employment, and whether it was free from any provisions that could be considered contrary to public policy or otherwise unlawful. Additionally, the Commission needed to assess whether any submissions by Metro Ceramics Pty Ltd on specific terms of the agreement warranted any changes or clarifications to ensure compliance with the Act.

The Commission carefully reviewed the agreement and considered the submissions made by both parties. It found that the agreement substantially complied with the requirements of the Fair Work Act, providing for the minimum terms and conditions of employment and being free from any provisions that could be considered contrary to public policy or otherwise unlawful. While Metro Ceramics Pty Ltd raised concerns about certain aspects of the agreement, the Commission determined that these did not warrant any changes to the agreement. Accordingly, the Commission approved the agreement, making it a registered agreement.

The Fair Work Commission approved the Metro Ceramics Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023, making it a registered agreement under the Fair Work Act. The agreement now provides the terms and conditions of employment for tile layers employed by subcontractors of Metro Ceramics Pty Ltd.

Metro Ceramics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established