DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4889)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Skill 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 Skill 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, 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 was approved on 9 August 2016 and, in accordance with s.54, will operate from 16 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Skill Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The agreement in question was submitted for the purpose of meeting the requirements of the Fair Work Act 2009, which necessitates that certain conditions are satisfied for an enterprise agreement to be approved and registered. The applicant, Skill Tiling Pty Ltd, sought the approval of the agreement to govern the employment terms and conditions of its employees within the tilelaying sector.

The primary legal issues the Fair Work Commission was tasked with resolving pertained to whether the proposed enterprise agreement fulfilled the criteria set forth in the Fair Work Act, specifically whether it was a "better off overall test" agreement, whether it contained all the necessary provisions, and whether it was fair and reasonable in the context of the employment relationship between the employer and the union. Additionally, the commission needed to determine whether the agreement was made in good faith and whether it complied with any applicable federal laws.

The Fair Work Commission, after thorough examination of the submitted agreement, found that it met all the stipulated requirements under the Fair Work Act. The commission concluded that the agreement was indeed a "better off overall test" agreement, as it provided for terms and conditions that were no less favourable than those provided by the applicable award or safety net awards. The commission also confirmed that the agreement contained all the necessary provisions and was fair and reasonable. Furthermore, the commission was satisfied that the agreement was made in good faith and complied with all applicable federal laws. Consequently, the Fair Work Commission approved the Skill Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018, and it was registered accordingly.

Construction, Forestry, 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