DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4722)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the MELBOURNE TILING PRO’S 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 MELBOURNE TILING PRO’S 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 4 August 2016 and, in accordance with s.54, will operate from 11 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 involved an application for the approval of the Melbourne Tiling Pro's Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The Fair Work Commission was asked to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The application was brought before the Commission by the Australian Building and Construction Commission, which had concerns regarding the agreement's provisions.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of section 235 of the Fair Work Act, which mandates that an agreement must be "free of inappropriate provisions." The Commission had to consider whether the agreement contained any terms that were unfair or detrimental to the employees it covered. Additionally, the Commission had to ensure that the agreement met the minimum safety net protections outlined in the Fair Work Act.

In reaching its decision, the Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement did not contain any terms that were unfair or detrimental to the employees. It was determined that the agreement met all the necessary criteria for approval and provided a fair and reasonable set of terms and conditions for the employees. The Commission approved the agreement, stating that it provided appropriate protections for the employees and met the requirements of the Fair Work Act.

The Fair Work Commission approved the Melbourne Tiling Pro's Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018, finding that it met the necessary standards for approval under the Fair Work Act. The agreement was deemed to be fair and reasonable, providing appropriate protections for the employees and meeting the minimum safety net protections outlined in the Act. The Commission's decision ensures that the agreement remains in effect for the duration of its term, providing a stable and fair working environment for the employees covered by the agreement.

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