DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5851)

TILE EFFECT (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TILELAYERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 JULY 2021

Application for approval of the TILE EFFECT (VIC) 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 TILE EFFECT (VIC) 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Tile Effect (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023, the Fair Work Commission was tasked with determining whether the agreement should be approved. The dispute arose from a disagreement between the applicant employer and the union representative regarding the terms and conditions of employment under the proposed agreement. The matter was heard and determined by the Fair Work Commission, an independent statutory body with jurisdiction to resolve employment-related disputes in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement contained genuine bargaining between the parties, was free from any invalid provisions, and met the procedural requirements for approval. Additionally, the Commission had to assess if the agreement provided fair and reasonable terms and conditions for the employees covered by the agreement.

The Commission found that the agreement demonstrated genuine bargaining between the parties and met the statutory requirements for approval. The Commission considered the evidence provided by both parties and concluded that the agreement contained provisions that were fair and reasonable, and provided for a satisfactory balance between the interests of the employer and the employees. The Commission also found that the agreement was procedurally valid and met the requirements of the Fair Work Act. As a result, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Tile Effect (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023. The Commission determined that the agreement met the statutory requirements for approval and provided fair and reasonable terms and conditions for the employees covered by the agreement. The approval of the agreement is effective from the date of the Commission's decision and will remain in force until the end of its term, unless otherwise terminated or varied by the parties or by a court or tribunal with jurisdiction.

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