DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/474)

MONCOR INVESTMENTS PTY LTD T/AS MCM TILE & STONE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 MARCH 2020

Application for approval of the MONCOR INVESTMENTS PTY LTD T/As MCM TILE & STONE 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 MONCOR INVESTMENTS PTY LTD T/As MCM TILE & STONE 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 18 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application were MONCOR INVESTMENTS PTY LTD trading as MCM TILE & STONE, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Victorian Construction and General Division. The dispute centred around the approval of the Tilelayers Enterprise Agreement 2019-2020. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal responsible for resolving workplace disputes.

The legal issues before the court encompassed whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it facilitated, encouraged, and promoted the improvement of the economic, productivity, and employment conditions of the employees. The court also had to determine if the agreement was free from any unlawful content and whether it provided for a fair and efficient system of dispute resolution.

In rendering its decision, the Fair Work Commission considered the submissions from both parties and the provisions of the agreement. The Commission found that the agreement was consistent with the objectives of the Fair Work Act and that it met the necessary criteria for approval. The Commission noted the efforts made by the parties to negotiate the agreement in good faith, and it found that the agreement provided for fair and efficient dispute resolution mechanisms. Consequently, the Fair Work Commission approved the Tilelayers Enterprise Agreement 2019-2020.

The Fair Work Commission's final order was the approval of the Tilelayers Enterprise Agreement 2019-2020, recognising it as a registered agreement under the Fair Work Act 2009. The agreement became effective from 1 July 2019 and remained in force until 30 June 2020.

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