DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5100)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the HM Tiling Express 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 HM Tiling Express 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.

[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 13 November 2017. 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 Construction, Forestry, Mining and Energy Union (CFME) and HM Tiling Express Pty Ltd applied for the approval of their enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the CFMEU representing the employees and HM Tiling Express Pty Ltd representing the employer. The primary issue before the Commission was whether the proposed enterprise agreement met the legal requirements set out in the Act, including provisions for minimum wages, conditions, and dispute resolution mechanisms.

The Commission examined the agreement to determine if it provided for fair and reasonable terms and conditions of employment, and whether it adhered to the relevant provisions of the Act. Key considerations included whether the agreement contained adequate provisions for minimum wages and entitlements, as well as whether it provided for an effective dispute resolution process. The Commission also assessed the agreement's alignment with the Act's objectives of promoting productivity, economic performance, and social inclusion.

After reviewing the application and submissions from both parties, the Commission determined that the proposed agreement met the legal requirements for approval under the Fair Work Act. The agreement was found to provide for fair and reasonable terms and conditions of employment, including provisions for minimum wages and a dispute resolution process. The Commission approved the enterprise agreement, allowing it to come into effect and be binding on the parties involved.

No additional orders were made by the Commission. The approved enterprise agreement, HM Tiling Express Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018, was registered and enforceable under the Fair Work Act 2009.

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