DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6712)

SKILL TILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TILELAYERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 AUGUST 2021

Application for approval of the SKILL TILING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the SKILL TILING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] The Construction, Forestry, Maritime, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the SKILL TILING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023. The applicants were Skill Tiling Pty Ltd, an employer in the tiling industry, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The union sought to have the agreement approved as a transitional agreement under the Fair Work Act 2009. The primary legal issue was whether the agreement met the criteria for approval as a transitional agreement, which requires it to be in the public interest and to provide for the fair and efficient resolution of workplace issues.

The Commission considered the application and the arguments presented by both parties. It examined the provisions of the agreement and assessed whether they were consistent with the objectives of the Fair Work Act. The Commission noted that the agreement provided for a fair and efficient resolution of workplace issues, including provisions for wage increases, leave entitlements, and dispute resolution mechanisms. The Commission also considered the public interest factors, such as the impact of the agreement on the tiling industry and the broader economy. After careful consideration, the Commission was satisfied that the agreement met the criteria for approval as a transitional agreement.

In light of the above, the Commission approved the agreement as a transitional agreement under the Fair Work Act. The agreement will now be in effect from the date of the Commission's decision until such time as it is replaced by a new enterprise agreement or until it is terminated under the Act. The approval of the agreement ensures that the parties will have a fair and efficient framework for resolving workplace issues during the transitional period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established