DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4725)

MOODIE, GRAEME T/AS GRAEME MOODIE TILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the MOODIE, GRAEME T/As GRAEME MOODIE 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 as MOODIE, GRAEME T/As GRAEME MOODIE 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 5 August 2016 and, in accordance with s.54, will operate from 12 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Moodie, Graeme T/As Graeme Moodie Tiling and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant, Moodie, Graeme T/As Graeme Moodie Tiling, sought approval of the enterprise agreement with the union, while the union argued for the agreement’s endorsement. The dispute centred on whether the agreement complied with the statutory requirements and balanced the interests of the employer and employees fairly.

The legal issues before the Commission included whether the agreement provided for a genuine enterprise bargaining process, if it contained the necessary minimum terms and conditions, and whether it aligned with the objectives of the Fair Work Act. The Commission had to consider if the agreement ensured fair and effective representation for the employees and if it avoided undermining the award system. Additionally, the Commission evaluated whether the agreement addressed key aspects such as wages, hours of work, and other conditions of employment adequately.

Upon reviewing the provisions of the agreement, the Fair Work Commission determined that the Moodie, Graeme T/As Graeme Moodie Tiling and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018 complied with the statutory requirements. The Commission found that the agreement was the product of genuine enterprise bargaining, contained the necessary minimum terms, and balanced the interests of the employer and employees. The Commission concluded that the agreement effectively provided for fair and effective representation and did not undermine the award system. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Moodie, Graeme T/As Graeme Moodie Tiling and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018, effective from the date of the Commission’s decision. The approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, providing a framework for their employment relationship during the specified period.

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