DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6292)

TILECORP PTY LTD (STONEMASONRY) AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JULY 2021

Application for approval of the Tilecorp Pty Ltd (Stonemasonry) and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Tilecorp Pty Ltd (Stonemasonry) and CFMEU Union Collective Agreement 2020-2022 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Tilecorp Pty Ltd for the period 2020-2022. The matter was heard by the Fair Work Commission (FWC), the industrial relations tribunal of Australia. The primary issue before the FWC was whether the collective agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for a fair and reasonable working environment for employees within the scope of the agreement.

The FWC examined the provisions of the collective agreement, focusing on the balance of rights and obligations between the employer and the employees. The tribunal considered the terms relating to wages, hours of work, conditions of employment, and dispute resolution mechanisms. The FWC also assessed whether the agreement contained any provisions that were contrary to public policy or could be considered harsh, unjust, or unreasonable. After a thorough review, the FWC determined that the collective agreement was fair and reasonable, as it provided for a balanced set of terms and conditions that adequately protected the rights of both parties. The agreement was approved and registered by the FWC, thereby becoming a legally binding contract between Tilecorp Pty Ltd and the CFMEU for the specified 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