DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2589)

NEW GENERATION TILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 2 AUGUST 2019

Application for approval of the NEW GENERATION TILING 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 NEW GENERATION TILING 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 9 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union for approval of the New Generation Tiling Enterprise Agreement 2016-2018. The agreement was between New Generation Tiling and the CFMEU (Victorian Construction and General Division). The primary issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly focusing on the process by which the agreement was negotiated and the fairness of its terms.

The court examined the negotiation process to determine if it met the good faith requirements stipulated in the Act. It also considered whether the agreement contained the necessary minimum terms and conditions as outlined in the Act. Furthermore, the court had to assess if the agreement was in the best interests of the employees covered by it and whether it was fair and reasonable.

Upon reviewing the evidence and submissions, the court concluded that the agreement had been negotiated in good faith and contained the required minimum terms. It found the agreement to be fair and reasonable, taking into account the interests of both the employer and the employees. The court approved the agreement, finding it met all statutory requirements.

No additional orders were made beyond the approval of the 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