DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/804)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 MARCH 2017

Application for approval of the Ching Tiling Commercial 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 Ching Tiling Commercial 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 29 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Ching Tiling Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission (FWC) by Deputy President M Connolly. The dispute centred on whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009 (Cth) for approval. Specifically, the applicant had to demonstrate that the agreement was in the public interest and did not adversely affect employees.

The legal issues for determination included whether the agreement complied with the procedural requirements for approval and if it met the substantive criteria, such as providing for fair and reasonable terms and conditions. The applicant needed to show that the agreement had been fairly negotiated and did not contain any terms that were contrary to public policy or the spirit of the Act. The FWC had to consider the overall fairness and reasonableness of the agreement's provisions, especially those related to wages, hours of work, and other employment conditions.

After considering the submissions and evidence, Deputy President M Connolly found that the agreement satisfied the requirements for approval. The Deputy President determined that the agreement was fairly negotiated, contained reasonable terms and conditions, and did not contravene any provisions of the Act. The agreement was approved as it was deemed to be in the public interest and did not adversely affect the employees. Consequently, the application for approval of the enterprise agreement was successful, and the agreement was approved under section 230 of the Fair Work Act 2009 (Cth).

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