DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4909)

LOPRETE MARIO FAMILY TRUST (THE TRUSTEE FOR) T/AS MONTE CARLO TILING 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 Loprete Mario Family Trust (The Trustee For) T/As Monte Carlo Tiling 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 asthe Loprete Mario Family Trust (The Trustee For) T/As Monte Carlo Tiling 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

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and the Loprete Mario Family Trust (the Trustee for) T/As Monte Carlo Tiling applied for the approval of the Tilelayers Enterprise Agreement 2016-2018. The CFMEU represents employees in the tiling industry, while the Loprete Mario Family Trust operates Monte Carlo Tiling, an employer in the same industry. The agreement in question outlines terms and conditions of employment for the employees of Monte Carlo Tiling, including wages, hours of work, and other employment-related matters.

The legal issues that the Commission was required to decide centred on whether the agreement was made in the course of genuine and genuine bargaining between the parties and whether it met the minimum standards set out in the Fair Work Act 2009. The Commission also had to determine if the agreement provided for procedural fairness, minimum entitlements, and other provisions that were necessary to ensure the agreement was fair and reasonable.

The Commission found that the agreement had been made in the course of genuine and genuine bargaining and that it met the minimum standards set out in the Fair Work Act 2009. The Commission noted that the agreement provided for procedural fairness, minimum entitlements, and other provisions that were necessary to ensure the agreement was fair and reasonable. The Commission also found that the agreement was not likely to have a significant adverse effect on the economy or employment.

The Commission approved the Tilelayers Enterprise Agreement 2016-2018, subject to the parties lodging an annual statement of compliance with the agreement. The Commission also made orders for the agreement to be registered and published on the Fair Work Commission's website.

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