DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4591)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 JULY 2016

Application for approval of the Defazio Commercial 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 the Defazio Commercial 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 4 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 case before the court involved the Construction, Forestry, Mining and Energy Union and Defazio Commercial Tiling Pty Ltd, which sought approval for their enterprise agreement. The agreement was under the Fair Work Act 2009 and was related to the tiling industry. The matter was heard by the Fair Work Commission, which has jurisdiction to approve, reject, or provisionally approve enterprise agreements.

The primary legal issue before the court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was fair and if it provided for the appropriate processes for resolving disputes. The court had to consider the balance of rights and obligations, the treatment of employees, and whether the agreement was made in good faith.

The Fair Work Commission approved the agreement, finding it to be fair and compliant with the statutory requirements. The court reasoned that the agreement provided adequate protections for employees and that it included proper dispute resolution mechanisms. The court was satisfied that the agreement did not unjustifiably harm the interests of the employees and that it met the standards set by the Fair Work Act. The agreement was found to be made in good faith, with due consideration given to the needs and interests of both parties.

The Fair Work Commission ordered the approval of the Defazio Commercial Tiling Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The agreement was to be registered and would be in effect from the date of the decision, providing a framework for the employment conditions within the tiling industry for 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