DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vercon Tiling and Stone Pty Ltd
(AG2021/4638)

VERCON TILING AND STONE PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2021

Application for approval of the Vercon Tiling and Stone Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Vercon Tiling and Stone Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021 (the Agreement). The application was made by Vercon Tiling and Stone Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2021. The nominal expiry date of the Agreement is 22 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Vercon Tiling and Stone Pty Ltd applied for the approval of the Vercon Tiling and Stone Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021. The dispute centred on whether the agreement complied with the Fair Work Act 2009, specifically in relation to minimum entitlements, procedural fairness, and the requirements for genuine bargaining. The Commission was tasked with examining if the agreement met the legal standards for enterprise agreements and if the bargaining process adhered to the principles of procedural fairness.

The legal issues the Commission had to decide included whether the agreement provided for minimum entitlements as required by the Act, if the bargaining process was genuine and conducted in good faith, and if the agreement was fair and reasonable in all its terms. The Commission needed to ensure that the agreement was not only procedurally sound but also substantively fair, covering aspects such as wages, hours of work, and other conditions of employment.

The Commission found that the agreement was in compliance with the Fair Work Act 2009. It determined that the bargaining process was genuine, conducted in good faith, and that the agreement provided for all the required minimum entitlements. The Commission was satisfied that the agreement was fair and reasonable, taking into account the economic and employment circumstances. The decision highlighted the importance of adhering to procedural fairness and the principles of genuine bargaining in the formation of enterprise agreements.

The Fair Work Commission approved the Vercon Tiling and Stone Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021, confirming its compliance with the Fair Work Act 2009. This approval ensures that the agreement will govern the employment conditions of the relevant employees, providing a framework for their wages, hours, and other terms of employment.

Vercon Tiling and Stone 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