DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4471)

MONCOR INVESTMENTS PTY LTD T/AS MCM TILE & STONE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2016

Application for approval of the Moncor Investments Pty Ltd T/As MCM Tile & Stone 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 Moncor Investments Pty Ltd T/As MCM Tile & Stone 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 27 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 court involved an application for the approval of the Moncor Investments Pty Ltd T/As MCM Tile & Stone and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The application was brought by the Fair Work Commission, and the case was heard in the Federal Circuit Court of Australia. The primary concern of the court was to determine whether the enterprise agreement, as proposed, complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the court encompassed several key areas of the Fair Work Act. These included whether the agreement was appropriately certified by an independent third party, if it met the requirements for coverage and bargaining, and whether it adhered to the provisions regarding employee protection and entitlements. Additionally, the court needed to assess if the agreement was fair and balanced, taking into consideration the interests of both the employer and the employees.

The court examined the evidence and submissions provided by both parties. It found that the agreement was certified by a qualified independent person and satisfied the coverage and bargaining requirements under the Fair Work Act. The court also concluded that the agreement was fair and balanced, providing adequate protection for the employees and meeting the requirements for approval. As such, the court granted the application and approved the enterprise agreement.

The final orders of the court included the approval of the Moncor Investments Pty Ltd T/As MCM Tile & Stone and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018, as proposed. This decision meant that the agreement could now be implemented and would govern the employment conditions for the relevant employees and employers.

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