Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4203)

TOTAL TILE GROUP PTY LTD T/AS DECCA TILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TILELAYERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 OCTOBER 2022

Application for approval of the TOTAL TILE GROUP PTY LTD T/As DECCA TILING and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the TOTAL TILE GROUP PTY LTD T/As DECCA TILING and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2022. The nominal expiry date of the Agreement is 30 June 2023.

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 specific enterprise agreement between Total Tile Group Pty Ltd, trading as Decca Tiling, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Tilelayers. The dispute was heard and determined by the Fair Work Commission, an Australian industrial relations tribunal. The union sought to have the agreement, which sets out terms and conditions of employment for its members working under the employer, approved under the Fair Work Act 2009.

The legal issues that the Commission was required to address involved determining whether the agreement met the formal requirements for approval under the Act, and whether the agreement had been made in the proper manner, with sufficient consultation and negotiation. This included examining whether the agreement had been made free from any improper influence or coercion, and whether the agreement provided for a fair and reasonable balance of outcomes for both parties.

The Commission found that the agreement was properly negotiated and made in accordance with the relevant provisions of the Fair Work Act. It was satisfied that the union had adequately consulted with its members and that the agreement contained all the necessary provisions to be considered a valid enterprise agreement. The Commission further determined that the agreement provided for a fair and reasonable balance of outcomes, taking into account the interests of both the employer and the employees. As a result, the Commission approved the agreement, finding that it met the requirements of the Act and should be registered.

In conclusion, the Fair Work Commission approved the enterprise agreement between Total Tile Group Pty Ltd, trading as Decca Tiling, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Tilelayers. The Commission found that the agreement met all the necessary requirements for approval under the Fair Work Act, and it was registered as a valid enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established