DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/202)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Skill 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 Skill 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 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 19 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by Skill Tiling Pty Ltd for the approval of the Skill Tiling Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The parties to the agreement were Skill Tiling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, represented by the CFMEU (Victorian Construction and General Division). The application was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issue the court had to address was whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the requirements of the Fair Work Act. This included examining if the agreement was made in good faith, and if it met the threshold criteria for approval, such as the inclusion of minimum pay rates, leave provisions, and dispute resolution mechanisms. The court also needed to consider whether the agreement provided for a proper balance of rights and obligations between the employer and the employees.

The court found that the agreement contained fair and reasonable terms and conditions, and met the necessary criteria for approval. It was noted that the agreement had been made in good faith and provided for adequate minimum pay rates and leave provisions. The dispute resolution mechanisms were also found to be appropriate. The court concluded that the agreement was fair and reasonable, and met the requirements of the Fair Work Act. The application for approval was therefore granted.

The Fair Work Commission ordered the approval of the Skill Tiling Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees, providing a framework for fair and reasonable workplace relations.

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