Piotto Bros Cement Flooring Pty Ltd Summary

[2024] FWCA 2419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Piotto Bros Cement Flooring Pty Ltd

(AG2024/2144)

PIOTTO BROS CEMENT FLOORING PTY LTD/ CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 28 JUNE 2024

Application for approval of the Piotto Bros Cement Flooring Pty Ltd/ CFMEU South Australia Enterprise Agreement 2023

Piotto Bros Cement Flooring Pty Ltd has applied for approval of an enterprise agreement known as the Piotto Bros Cement Flooring Pty Ltd/ CFMEU South Australia Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

I note that Clause 5.1(b) may be inconsistent with the National Employment Standards as it expresses annual leave in days while s 87 of the Act specifies annual leave in weeks. Given the National Employment Standards precedence clause at Clause 1.5(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Subject to the undertakings and other matters referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry & Maritime Employees 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 July 2024.

In accordance with Clause 1.6(a), the nominal expiry date of the Agreement is 23 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Piotto Bros Cement Flooring Pty Ltd was the subject of a case in which the Fair Work Commission was asked to approve the Piotto Bros Cement Flooring Pty Ltd/ CFMEU South Australia Enterprise Agreement 2023. The Fair Work Commission was required to determine whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. The primary issue before the Commission was whether the agreement, which was made between Piotto Bros Cement Flooring Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) South Australia, met the "better off overall test" as outlined in the Act. This test requires that employees be no worse off financially and at least as well off in other respects as they would be under the applicable award.

The Commission considered the evidence presented by both parties and examined the terms and conditions of the proposed agreement. The Commission noted that the agreement provided for a range of benefits to employees, including increased wages and improved working conditions. The Commission also considered the views of the employees, as expressed through a ballot, which showed a majority in favour of the agreement. The Commission concluded that the agreement met the better off overall test and approved the enterprise agreement. The Commission found that the agreement provided employees with improved financial and non-financial conditions, and that the benefits of the agreement outweighed any potential disadvantages.

In light of the above, the Commission approved the Piotto Bros Cement Flooring Pty Ltd/ CFMEU South Australia Enterprise Agreement 2023. The decision of the Commission is final and binding, and the agreement will now apply to the employees of Piotto Bros Cement Flooring Pty Ltd. The approval of the agreement is an important step in ensuring that employees in the industry have access to fair and reasonable working conditions, and that employers are able to operate in a predictable and stable environment.

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