Blitz Tiling Pty Ltd

[2014] FWCA 6334

FAIR WORK COMMISSION

DECISION

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

Blitz Tiling Pty Ltd
(AG2014/1943)

BLITZ TILING WALL AND FLOOR TILING ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 SEPTEMBER 2014

Application for approval of the Blitz Tiling Wall and Floor Tiling Enterprise Agreement 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 29 July 2014 by Blitz Tiling Pty Ltd for the approval of a single-enterprise agreement known as the Blitz Tiling Wall and Floor Tiling Enterprise Agreement 2014 - 2017(“the Agreement”).

[2] On 10 September 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Blitz Tiling Pty Ltd and the Electrical Trades Union of Australia. The dispute pertained to the application for the approval of the Blitz Tiling Wall and Floor Tiling Enterprise Agreement 2014-2017. The matter was heard in the Fair Work Commission, which is responsible for resolving workplace disputes in Australia.

The legal issues that the Fair Work Commission was required to decide included whether the application for approval of the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement provided for the appropriate balance between the interests of the employees and the employer. The Commission had to consider if the agreement met the criteria for approval, such as whether it contained the necessary minimum terms and conditions, and whether it was certified as "no disadvantage" by an independent certifier.

The Fair Work Commission found that the application for approval of the enterprise agreement complied with the requirements of the Fair Work Act 2009. The Commission considered that the agreement provided for the appropriate balance between the interests of the employees and the employer, and that it contained the necessary minimum terms and conditions. The agreement was certified as "no disadvantage" by an independent certifier, which satisfied the criteria for approval. The Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the Blitz Tiling Wall and Floor Tiling Enterprise Agreement 2014-2017, effective from 1 July 2014 to 30 June 2017. The approval ensures that the agreement will govern the employment conditions of the employees covered by the agreement during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established