DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/145)

VICTORIA CITY 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, 3 FEBRUARY 2020

Application for approval of the Victoria City 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 Victoria City 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 10 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a proposed enterprise agreement between Victoria City Tiling Pty Ltd and the CFMEU (Victorian Construction and General Division). The matter was heard by Deputy President S.M. Long in the Commission's Melbourne office. The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the process by which it was negotiated complied with the provisions of the Act.

The Commission examined the process by which the agreement was negotiated and the terms of the proposed agreement. The Commission noted that the agreement was the result of a good faith bargaining process between the parties and that it contained provisions that were consistent with the objectives of the Act. The Commission also considered the views of employees and found that the majority of employees who voted in the ballot supported the proposed agreement. After considering all of the evidence and arguments presented, the Commission determined that the proposed agreement met the statutory requirements for approval and was in the best interests of the employees.

Accordingly, the Commission approved the proposed agreement and made an order that the agreement be registered with the Commission. The order also provided for the agreement to be in effect from the date of registration and to remain in force until it was terminated or varied in accordance with the provisions of the Act. The parties were directed to take all necessary steps to give effect to the approved agreement, including providing copies of the agreement to all relevant parties and ensuring that it was implemented in accordance with its terms.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established