DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4608)

MELBOURNE TILING COMPANY PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 AUGUST 2015

Application for approval of the MELBOURNE TILING COMPANY PTY LTD and the CFMEU Tilelayers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MELBOURNE TILING COMPANY PTY LTD and the CFMEU Tilelayers Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 August 2015 and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Melbourne Tiling Company Pty Ltd and the Construction, Forestry, Mining and Energy Union for the approval of the CFMEU Tilelayers Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The primary dispute centred around whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the protection of employees' rights.

The court had to determine if the application process adhered to the necessary legal standards, including whether there was proper consultation with the employees and if the agreement met the criteria for "low paid" workers. The court also examined whether the agreement contained all the mandatory terms specified in the Fair Work Act and if it was consistent with the general protections and entitlements under the Act.

The Fair Work Commission found that the application was procedurally sound and that the enterprise agreement met all the statutory requirements. The court noted that there was adequate consultation with the employees and that the agreement was comprehensive, covering all mandatory terms. Additionally, the court determined that the agreement provided adequate protection for low paid workers and complied with the general protections outlined in the Fair Work Act.

As a result, the Fair Work Commission approved the CFMEU Tilelayers Enterprise Agreement 2015, allowing it to be registered and enforced. The court's decision underscored the importance of thorough consultation and compliance with statutory mandates in enterprise agreements.

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