DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/209)

VICTORIA CITY TILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Victoria City Tiling 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 Victoria City Tiling 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 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a proposed enterprise agreement between Victoria City Tiling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission. The central dispute revolved around the terms and conditions outlined in the proposed Tilelayers Enterprise Agreement 2016-2018, which the union and the employer sought to have approved and made binding.

The court was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, if it facilitated the efficient operation of the business, and whether it adhered to the provisions of the Fair Work Act. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees involved, and if it complied with the various requirements set forth by the Fair Work Act.

The Fair Work Commission found that the proposed agreement was made in good faith and facilitated the efficient operation of the business. The court concluded that the agreement provided for fair and reasonable terms and conditions, and it adhered to all the necessary provisions of the Fair Work Act. Consequently, the court approved the Tilelayers Enterprise Agreement 2016-2018, making it a legally binding enterprise agreement between Victoria City Tiling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division).

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