DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3349)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 SEPTEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the NOBLE TILING SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) 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 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 25 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Noble Tiling Solutions Pty Ltd, applied to the Fair Work Commission for approval of their Enterprise Agreement. The dispute arose from disagreements over the terms and conditions of employment under the proposed agreement. The Fair Work Commission was the court tasked with reviewing and approving the agreement to ensure it met the standards set by the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements of the Act. The Commission needed to determine if the agreement was genuinely negotiated, if it provided for fair remuneration and conditions, and if it adhered to the procedural requirements of the Act. Specifically, the Commission had to consider if the agreement met the requirements for "better off overall and in the round" for the employees.

The Commission found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement met the "better off overall and in the round" test, as the overall package of wages and conditions provided for in the agreement was better than the existing awards. The Commission also found that the procedural requirements of the Act were met, including the provision of relevant information to the employees and the opportunity for them to discuss the agreement. As a result, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between the CFMEU and Noble Tiling Solutions Pty Ltd, effective from 1 July 2016 to 30 June 2018. The Commission's decision was based on the findings that the agreement was genuinely negotiated, provided for fair and reasonable terms and conditions, and met the procedural requirements of the Fair Work Act 2009.

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