DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4584)

MOMTAZ PTY LTD T/AS MOMTAZ TILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the Momtaz Pty Ltd T/As Momtaz 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 the Momtaz Pty Ltd T/As Momtaz 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 28 July 2016 and, in accordance with s.54, 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 applicants, Construction, Forestry, Mining and Energy Union, and Momtaz Pty Ltd T/As Momtaz Tiling, sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose from the proposed terms of the Tilelayers Enterprise Agreement 2016-2018. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the statutory prerequisites for approval, including the 'better off overall test' (BOOT), and whether it adhered to the requirements for good faith bargaining. Additionally, the Commission had to consider if the agreement contained appropriate dispute resolution mechanisms and if it was consistent with the overarching principles of the Fair Work Act.

The Commission found that the agreement satisfied the BOOT, as it provided for improved conditions for employees, including wage increases and better shift arrangements. The Commission also determined that the agreement was the product of genuine good faith bargaining and contained adequate dispute resolution provisions. Furthermore, it was consistent with the principles and objects of the Fair Work Act. Consequently, the Commission approved the Tilelayers Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Tilelayers Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the employees 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