DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5775)

CIMPEAN FAMILY TRUST T/AS NAPOCA TILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Cimpean Family Trust T/As Napoca Tiling 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 Cimpean Family Trust T/As Napoca Tiling 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 27 September 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Cimpean Family Trust trading as Napoca Tiling Pty Ltd. The dispute was about the approval of the Tilelayers Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The Fair Work Commission, which was the body responsible for handling the case, was tasked with determining whether the agreement met the requirements for registration and approval.

The central legal issue was whether the Tilelayers Enterprise Agreement 2016-2018 complied with the statutory criteria outlined in the Fair Work Act 2009. This included whether the agreement was in the public interest and whether it was certified without any errors on the part of the Commission. The Commission had to assess the application to approve the agreement, considering submissions from both parties and any relevant evidence.

In its decision, the Commission examined the details of the agreement and the process by which it was certified. It considered whether the agreement met the necessary standards and if there were any procedural flaws in its certification. The Commission found that the agreement was in the public interest and that it had been certified correctly. Consequently, the Commission approved the Tilelayers Enterprise Agreement 2016-2018.

The Commission's final order was that the Tilelayers Enterprise Agreement 2016-2018, as applied by the Cimpean Family Trust trading as Napoca Tiling Pty Ltd and the CFMEU (Victorian Construction and General Division), was approved. This decision meant that the agreement was now registered and enforceable under the Fair Work Act 2009, binding both the employer and the union to its terms.

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