Construction, Forestry, Mining and Energy Union

[2013] FWCA 3378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6576)

MOODIE GRAEME T/AS GRAEME MOODIE TILING AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 MAY 2013

Application for approval of the Moodie Graeme T/As Graeme Moodie Tiling and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Moodie Graeme T/As Graeme Moodie Tiling and the CFMEU Tilelayers Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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, will operate from 5 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of a workplace agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Graeme Moodie Tiling. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal. The primary issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "better off overall test" (BOOT) agreement, meaning it offered employees terms and conditions at least as good as those under the relevant award or existing agreements.

The court considered various aspects of the agreement, including the wages, hours of work, and other conditions of employment. The union argued that the agreement was fair and met the BOOT requirements, while the employer raised concerns about the financial implications of the agreement. The Commission examined the agreement's provisions and the evidence presented by both parties to determine whether the agreement provided employees with terms and conditions that were at least as good as those under the relevant award or existing agreements.

After careful consideration, the Commission found that the agreement met the BOOT requirements and approved the agreement. The Commission concluded that the agreement provided employees with terms and conditions that were at least as good as those under the relevant award or existing agreements, and that the agreement was fair and reasonable. The court's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by both parties.

The final orders of the Commission were that the CFMEU Tilelayers Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be registered and will apply to the employees of Graeme Moodie Tiling for the period specified in the agreement. The decision provides certainty for both the employer and employees and ensures that the agreement meets the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established