DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Piotto Bros Cement Flooring Pty Ltd T/A Piotto Bros
(AG2016/3126)

PIOTTO BROS CEMENT FLOORING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the PIOTTO BROS CEMENT FLOORING PTY LTD ENTERPRISE AGREEMENT 2016.

[1] An application has been made for approval of an enterprise agreement known as the PIOTTO BROS CEMENT FLOORING PTY LTD ENTERPRISE AGREEMENT 2016 (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 T/A Piotto Bros Cement Flooring. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 21 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Piotto Bros Cement Flooring Pty Ltd, trading as Piotto Bros, applied for the approval of the Piotto Bros Cement Flooring Pty Ltd Enterprise Agreement 2016. The matter was heard by his Honour Deputy President Palmer in the Fair Work Commission. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically addressing issues related to employee entitlements, classification, and procedural fairness during the negotiation process.

The legal issues that the court needed to address involved verifying whether the agreement met the statutory requirements under the Fair Work Act 2009, including ensuring that it was made in good faith, provided for procedural fairness, and did not discriminate against any class of employees. Additionally, the court had to examine whether the agreement included the necessary minimum entitlements as prescribed by the relevant awards and whether the agreement was consistent with the broader objectives of the Fair Work Act.

In delivering the decision, Deputy President Palmer meticulously reviewed the evidence presented by both parties and considered the statutory framework governing enterprise agreements. The court found that the proposed agreement complied with the statutory requirements, as it was made in good faith, provided for procedural fairness, and did not include any discriminatory terms. The Deputy President also confirmed that the agreement met the minimum entitlements as required by the applicable awards and aligned with the overarching principles of the Fair Work Act. Consequently, the court approved the Piotto Bros Cement Flooring Pty Ltd Enterprise Agreement 2016.

The final orders of the court included the approval of the enterprise agreement, which would now govern the employment terms and conditions for the employees covered by the agreement. This decision ensured that the agreement was legally binding and enforceable, providing clarity and stability in the workplace for both the employer and the employees.

Piotto Bros Cement Flooring Pty Ltd T/A Piotto Bros

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established