DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1167)

AUTHENTIC TILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2019-2020

Textile industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MAY 2020

Application for approval of the AUTHENTIC TILING PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the AUTHENTIC TILING PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020 (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 13 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involves an application for the approval of the Authentic Tiling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020. The matter was heard by the Fair Work Commission. The dispute centred on the compliance of the enterprise agreement with the Fair Work Act 2009 and its suitability for endorsement and registration. The key legal issues before the Commission included whether the agreement met the requirements for genuine bargaining, whether it was free from any illegality or improper conduct, and whether it complied with the relevant provisions of the Fair Work Act.

The Commission considered the evidence provided by both parties, focusing on the bargaining process and the terms of the agreement. It examined whether the union and the employer had genuinely bargained for the agreement, whether the agreement was made in good faith, and whether the terms of the agreement were fair and reasonable. The Commission also reviewed whether the agreement included all necessary terms and conditions, and whether it was free from any illegality or improper conduct. After assessing the evidence, the Commission found that the agreement was compliant with the relevant provisions of the Fair Work Act and met all necessary criteria for approval.

The Fair Work Commission approved the enterprise agreement, finding that it was made in accordance with the requirements of the Fair Work Act and was free from any illegality or improper conduct. The agreement was endorsed and registered, effective from the date of the decision. The terms of the agreement, which include provisions for wages, hours of work, and other employment conditions, were deemed to be fair and reasonable for the employees covered by the agreement. This decision ensures that the agreement will provide a stable and fair framework for the employment relationship between the union and the employer.

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