Piotto Bros Cement Flooring Pty Ltd Summary

[2013] FWCA 1433

FAIR WORK COMMISSION

DECISION

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

Piotto Bros Cement Flooring Pty Ltd
(AG2013/5287)

PIOTTO BROS CEMENT FLOORING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 MARCH 2013

Application for approval of the Piotto Bros Cement Flooring Pty. Ltd. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Piotto Bros Cement Flooring Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Piotto Bros Cement Flooring Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act 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 15 March 2013. The nominal expiry date of the Agreement is 14 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Piotto Bros Cement Flooring Pty Ltd was a party to an enterprise agreement with its employees, and the matter of approving this agreement was brought before the Fair Work Commission. The dispute centred on whether the agreement contained provisions that complied with the requirements of the Fair Work Act 2009. Specifically, the application for approval questioned whether the agreement sufficiently addressed the terms and conditions of employment for the employees covered by it, and whether it met the standards of good faith bargaining and fairness.

The legal issues the court was required to decide included whether the agreement complied with the statutory requirements under the Fair Work Act, including the need for genuine bargaining, and whether the terms of the agreement were fair and reasonable. Additionally, the court needed to assess whether the agreement provided for appropriate dispute resolution mechanisms and whether it was consistent with the principles of contemporary Australian industrial relations law.

In its decision, the Fair Work Commission thoroughly reviewed the terms of the Piotto Bros Cement Flooring Pty Ltd Enterprise Agreement 2013, examining each clause to ensure it met the statutory requirements. The Commission found that the agreement contained provisions that were fair and reasonable, and that the bargaining process was conducted in good faith. It concluded that the agreement was consistent with the principles of contemporary Australian industrial relations law and met all necessary criteria for approval. Consequently, the Fair Work Commission approved the enterprise agreement, allowing it to take effect from the specified date.

The Fair Work Commission's final orders were that the Piotto Bros Cement Flooring Pty Ltd Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009, effective from the date specified in the agreement. This approval signified that the agreement was legally binding on both the employer and the employees, and it would govern their employment relationship moving forward.

Piotto Bros Cement Flooring Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established