DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4171)

CIMPEAN FAMILY TRUST T/AS NAPOCA TILING PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2015

Application for approval of the Cimpean Family Trust T/As Napoca Tiling Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cimpean Family Trust T/As Napoca Tiling 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 11 August 2015 and, in accordance with s.54, will operate from 18 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

In the recent decision, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Cimpean Family Trust trading as Napoca Tiling Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC) in Australia, which is the federal workplace relations tribunal with jurisdiction over industrial relations matters. The dispute centred around the validity and fairness of the enterprise agreement, which sought to regulate the terms and conditions of employment for employees within the tilelaying industry.

The primary legal issues before the FWC involved whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included ensuring the agreement met the procedural fairness standards set out in the legislation, that it was made without the influence of prohibited content, and that it was genuinely an agreement between the employer and employees. Additionally, the FWC had to determine whether the agreement was in the best interests of the employees and did not undermine their rights or entitlements.

The FWC examined the process by which the agreement was negotiated and whether it involved genuine bargaining. It also assessed the content of the agreement to ensure it did not include prohibited matters such as terms that were contrary to public policy or that undermined the rights of employees. The Commission found that the agreement was made in accordance with the legal requirements and was fair and reasonable, considering the interests of both the employer and employees. Consequently, the FWC approved the enterprise agreement.

The final orders of the FWC included the approval of the CFMEU Tilelayers Enterprise Agreement 2015, recognising its compliance with the relevant statutory provisions. This decision reinforces the importance of adhering to the legislative framework when negotiating and finalising enterprise agreements in the Australian industrial relations system.

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