DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/243)

T.A.T TILING QUEENSLAND PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the T.A.T Tiling Queensland Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the T.A.T Tiling Queensland Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 February 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) applied to the Fair Work Commission (FWC) for approval of a collective agreement between the CFMEU and T.A.T Tiling Queensland Pty Ltd (T.A.T) covering the period 2015 to 2019. The application was made under the Fair Work Act 2009 (Cth), and the dispute involved the terms of the proposed agreement, particularly those relating to wages and conditions for employees in the tiling industry.

The primary legal issues before the FWC were whether the terms of the proposed agreement complied with the requirements of the Fair Work Act, and whether they were consistent with the principles of the national workplace relations system. The FWC needed to determine whether the agreement was fair and reasonable, taking into account the need to provide for the efficient operation of the enterprise, the interests of employees, and the need to maintain and promote high levels of productivity and economic performance.

The FWC found that the terms of the proposed agreement were generally fair and reasonable, and were consistent with the principles of the national workplace relations system. The FWC noted that the agreement provided for a reasonable balance between the interests of the parties, and was consistent with the need to promote high levels of productivity and economic performance. The FWC also found that the wages and conditions proposed in the agreement were consistent with those in similar agreements in the tiling industry. However, the FWC made some minor amendments to the agreement to ensure that it complied with the requirements of the Fair Work Act.

The FWC approved the proposed agreement, subject to the minor amendments made by the FWC. The CFMEU and T.A.T were directed to give effect to the approved agreement, and the agreement was registered with the FWC. The parties were also directed to provide a copy of the approved agreement to the FWC within 14 days of the decision.

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