DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7017)

SMART TILING & STONES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the SMART TILING & STONES 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 SMART TILING & STONES 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 28 December 2018. 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 case involved an application for the approval of the Tilelayers Enterprise Agreement 2016-2018 between SMART TILING & STONES 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 union and the employer sought to have the agreement, which sets out terms and conditions of employment for tile layers, approved under the Fair Work Act 2009. The union argued that the agreement provided fair and reasonable terms for the employees, while the employer contended that the agreement was necessary to ensure the business's viability and competitiveness.

The court had to determine whether the agreement contained terms that were fair and reasonable, and whether it met the criteria for approval under the Fair Work Act. This involved examining the agreement's provisions in relation to wages, hours of work, leave, and other employment conditions. The court also had to consider whether the agreement had been negotiated in good faith and whether it provided for a proper process for resolving disputes. The court needed to weigh the interests of the employees, the employer, and the broader industry.

After reviewing the evidence and submissions from both parties, the court found that the agreement contained fair and reasonable terms for the employees. The court noted that the agreement provided for a reasonable increase in wages and included provisions for additional leave and other benefits. The court also found that the agreement had been negotiated in good faith and provided for an appropriate process for resolving disputes. The court concluded that the agreement met the criteria for approval under the Fair Work Act and granted the application for approval.

The final orders of the court were that the Tilelayers Enterprise Agreement 2016-2018 between SMART TILING & STONES PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) be approved under the Fair Work Act. The agreement would now be registered with the Fair Work Commission and would apply to the employees covered by 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