DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/384)

PERFECT MATCH TILING UNIT TRUST T/AS PERFECT MATCH TILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Perfect Match Tiling Unit Trust T/As Perfect Match Tiling 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 Perfect Match Tiling Unit Trust T/As Perfect Match Tiling 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 24 February 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and the Perfect Match Tiling Unit Trust, trading as Perfect Match Tiling. The dispute centred around the approval of the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The case was heard in the Fair Work Commission (FWC), an Australian workplace relations tribunal.

The primary legal issue before the FWC was whether the terms of the enterprise agreement were in the best interests of the employees covered by it. The CFMEU sought approval of the agreement, while the employer contested certain provisions. The court had to determine if the agreement met the criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for the employees.

The FWC considered the arguments from both parties and examined the terms of the agreement in detail. It assessed whether the agreement provided for fair and reasonable terms, taking into account the economic and non-economic factors relevant to the employees. The FWC found that the agreement, as a whole, was in the best interests of the employees and approved it. The employer's concerns regarding specific provisions were addressed, and the FWC concluded that the benefits of the agreement outweighed any potential drawbacks.

The FWC approved the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2016-2018, effective from the date of the decision. This decision ensured that the employees covered by the agreement would benefit from the terms and conditions set out in the approved agreement.

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