DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4538)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the Beccas Tiling Services 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 Beccas Tiling Services 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 22 July 2016 and, in accordance with s.54, will operate from 29 July 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 before the Fair Work Commission involved an application for the approval of the Tilelayers Enterprise Agreement 2016-2018 between Beccas Tiling Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The applicants sought to have the agreement, which outlined the terms and conditions of employment for employees within the specified period, approved under the Fair Work Act 2009. The union argued that the agreement was fair and reasonable, while the employer supported its approval, citing it as a necessary step to ensure the stability and efficiency of the workplace. The commission was tasked with determining whether the agreement met the criteria for approval as stipulated in the legislation.

The primary legal issues that the commission needed to address were whether the agreement contained the necessary provisions to ensure its fairness and reasonableness, and whether it adhered to the relevant standards and requirements set out in the Fair Work Act. This included examining the agreement's provisions regarding wages, conditions of employment, dispute resolution mechanisms, and other relevant matters. The commission also had to consider whether the agreement was made in good faith and whether the union had properly represented its members in the negotiation process.

After thorough consideration of the arguments presented by both parties, the commission concluded that the agreement was fair and reasonable. The commission found that the agreement contained all the necessary provisions to ensure its fairness, including provisions for wages, conditions of employment, and dispute resolution mechanisms. The commission also found that the agreement was made in good faith and that the union had properly represented its members in the negotiation process. Based on these findings, the commission approved the agreement under the Fair Work Act.

In approving the agreement, the commission made orders confirming its approval and setting out the terms and conditions of employment for employees within the specified period. The commission also made orders providing for the agreement to be registered with the Fair Work Commission and for its provisions to be binding on all parties. These orders provide a clear and legally binding framework for the implementation and enforcement of the agreement, ensuring that the rights and obligations of both employers and employees are protected.

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