DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7041)

TOTAL TILE GROUP T/AS DECCA TILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the Total Tile Group T/As Decca 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 Total Tile Group T/As Decca 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 29 November 2016. 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 matter before the Fair Work Commission involved an application for the approval of the Total Tile Group, trading as Decca Tiling, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the Tilelayers Enterprise Agreement 2016-2018. The union sought approval for the enterprise agreement under the Fair Work Act 2009, and the employer did not oppose the application. The primary focus of the application was to ensure that the proposed agreement met the legal standards and requirements for a modern award, as set out in the Fair Work Act.

The key legal issues before the commission included whether the enterprise agreement contained all the required terms as per section 234 of the Fair Work Act, and whether the agreement included any terms that could be considered contrary to the public interest or otherwise unlawful. Additionally, the commission had to consider if the agreement was the product of genuine bargaining, if the union had provided adequate notice to the employer, and if the employer had been given a reasonable opportunity to bargain.

In its decision, the commission examined the proposed agreement in detail, assessing each clause against the criteria outlined in the Fair Work Act. The commission confirmed that the agreement contained all the necessary terms and that none of the provisions were contrary to the public interest or unlawful. The commission found that the agreement had been genuinely bargained and that both parties had been provided with adequate notice and an opportunity to negotiate. Given that the employer did not oppose the application and the agreement met all the legal requirements, the commission approved the enterprise agreement.

Consequently, the Fair Work Commission approved the Tilelayers Enterprise Agreement 2016-2018 between the Total Tile Group, trading as Decca Tiling, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was to be registered and would have legal effect from the date of the decision. This outcome ensured that the terms and conditions of employment for the workers covered by the agreement were formally recognised and regulated under the Fair Work Act.

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