DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3252)

PERFECTION TILING AND WATER PROOFING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 SEPTEMBER 2019

Application for approval of the PERFECTION TILING AND WATER PROOFING PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the PERFECTION TILING AND WATER PROOFING PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers 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 18 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought the approval of the tilelayers enterprise agreement for the period 2016-2018 with Perfection Tiling and Waterproofing Pty Ltd. The Fair Work Commission was the court responsible for hearing the application. The agreement was intended to cover the period from 1 July 2016 to 30 June 2018. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issue before the court was whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly concerning the coverage of the agreement and the appropriate bargaining representatives. The court had to determine if the agreement was made in good faith, involved the appropriate bargaining representatives, and contained the necessary minimum terms and conditions as stipulated by the Act.

In its decision, the Fair Work Commission found that the agreement did meet the statutory requirements. The agreement was entered into in good faith, involved the appropriate bargaining representatives, and contained the necessary minimum terms and conditions. The Commission noted that the agreement covered all employees of Perfection Tiling and Waterproofing Pty Ltd who were members of the CFMEU, as well as any non-union employees who were covered by the agreement through its provisions. The Commission was satisfied that the agreement was fair and reasonable in all its aspects.

The court approved the tilelayers enterprise agreement for the period 2016-2018, effective from 1 July 2016 to 30 June 2018. The agreement was deemed to be in compliance with the Fair Work Act 2009 and was approved as a registered agreement.

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