DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3848)

AKKARI TILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILEAYERS ENTERPRISE AGREEMENT 2016- 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 17 OCTOBER 2019

Application for approval of the AKKARI TILING PTY LTD and the CFMEU (Victorian Construction and General Division) Tileayers Enterprise Agreement 2016- 2018.

[1] An application has been made for approval of an enterprise agreement known as the AKKARI TILING PTY LTD and the CFMEU (Victorian Construction and General Division) Tileayers Enterprise Agreement 2016- 2018 (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 24 October 2019. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application for the approval of the AKKARI TILING PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and the respondent was Akkari Tiling Pty Ltd. The primary issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement contained all the necessary provisions as outlined in the Fair Work Act and whether it complied with the good faith bargaining requirements. Specifically, the court needed to examine the agreement's coverage, the bargaining process, and whether it contained the mandated minimum terms and conditions of employment.

In delivering the judgement, the court considered the evidence provided by both parties and the statutory requirements. The court found that the agreement contained all the necessary provisions and met the requirements for approval. The court noted that the agreement had been negotiated in good faith and that it provided for the minimum terms and conditions of employment as required by the Fair Work Act. The court also found that the agreement was not contrary to public policy and that it was in the best interests of the employees.

The court approved the AKKARI TILING PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The approval was granted on the condition that the agreement be registered with the Fair Work Commission. The court also noted that the agreement would remain in force until it was terminated or varied by a subsequent enterprise agreement or award.

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