DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4698)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 OCTOBER 2018

Application for approval of the PRO DYNAMIC 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 PRO DYNAMIC 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 23 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

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 the PRO DYNAMIC TILING PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The application was brought pursuant to the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the necessary criteria for registration under the Act, including whether it facilitated the improvement of workplace terms and conditions, and whether it was free from any prohibited content.

The primary legal issue that the court had to determine was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act. This involved examining if the agreement was made in good faith and if it facilitated the improvement of workplace terms and conditions. The court also had to consider if the agreement contained any provisions that were prohibited by the Act, such as those that unfairly disadvantaged employees or undermined the right to freedom of association.

The court found that the agreement met the criteria for approval. It held that the enterprise agreement was made in good faith and facilitated the improvement of workplace terms and conditions. The court confirmed that the agreement did not contain any prohibited content, including ensuring it did not unfairly disadvantage employees or undermine the right to freedom of association. The court was satisfied that all necessary procedures were followed, and the agreement was consistent with the objectives of the Fair Work Act.

The final orders of the court were to approve the PRO DYNAMIC TILING PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The agreement was deemed to be compliant with the Fair Work Act, and it was registered accordingly.

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