DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1856)

COS TILES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2019

Application for approval of the COS Tiles 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 COS Tiles 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 21 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a proposed enterprise agreement between COS Tiles Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal. The union sought to have the proposed Tilelayers Enterprise Agreement 2016-2018 approved by the Commission, which would render it legally binding on the parties involved.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria set out in the Fair Work Act 2009. The Commission needed to determine if the agreement was a "better off overall test" (BOOT) agreement, which requires that the agreement provides a net benefit to the employees covered by it. Additionally, the Commission had to assess whether the agreement was fair and reasonable in all its terms, including matters such as pay, conditions of employment, and dispute resolution mechanisms.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. The Commission found that the proposed agreement did indeed meet the BOOT criteria and was fair and reasonable in all its terms. The Commission noted that the agreement provided for a range of improvements to the employees' pay and conditions, including increased wages, improved leave entitlements, and streamlined dispute resolution processes. The Commission was satisfied that the agreement would provide a net benefit to the employees and was therefore in accordance with the requirements of the Fair Work Act.

As a result of the Commission's decision, the Tilelayers Enterprise Agreement 2016-2018 was approved and became legally binding on the parties involved. The agreement will now govern the employment conditions of the employees covered by it for the duration of its term.

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