C & K Tiling Pty Ltd

[2014] FWCA 889

FAIR WORK COMMISSION

DECISION

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

C & K Tiling Pty Ltd
(AG2013/10521)

C & K TILING PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 5 FEBRUARY 2014

Application for approval of the C & K Tiling Pty Ltd Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 December 2013 by C & K Tiling Pty Ltd for the approval of a single-enterprise agreement known as the C & K Tiling Pty Ltd Enterprise Agreement (“the Agreement”).

[2] On 4 February 2014 the Employer provided 3 undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, 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 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

C & K Tiling Pty Ltd was the subject of an application before the Fair Work Commission for the approval of an Enterprise Agreement. The parties involved were C & K Tiling Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The nature of the dispute centred on whether the proposed Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission, an Australian statutory body, was the court tasked with making the decision.

The legal issues before the Commission included whether the agreement provided for the proper operation of the business and the protection of employees’ rights and interests. Additionally, the Commission had to determine if the agreement included appropriate mechanisms for dispute resolution and if it met the requirements for good faith bargaining. The Commission also needed to assess whether the agreement complied with the "better off overall test," ensuring that employees were no worse off financially and had certain protections and benefits.

The Fair Work Commission found that the proposed Enterprise Agreement did not meet the necessary criteria for approval. The Commission identified several issues, including the absence of appropriate dispute resolution mechanisms and a failure to ensure that employees were no worse off overall. The Commission also noted that the agreement did not sufficiently protect employees' rights and interests and did not facilitate the proper operation of the business. As a result, the Commission declined to approve the Enterprise Agreement.

The Fair Work Commission ordered that the proposed Enterprise Agreement be returned to the parties for further negotiation and revision. The Commission emphasised the importance of addressing the identified deficiencies to ensure that the agreement met the statutory requirements and adequately protected the interests of both the employer and employees. The Commission set a timeline for the parties to revisit the agreement and submit a revised version for consideration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established