DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tile Effect Vic Pty Ltd as trustee for Tile Effect Vic Trading Trust
(AG2019/4843)

TILE EFFECT (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 DECEMBER 2019

Application for approval of the Tile Effect (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tile Effect (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 Tile Effect Vic Pty Ltd as trustee for Tile Effect Vic Trading Trust. 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, Maritime, 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 6 January 2020. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tile Effect Vic Pty Ltd as trustee for the Tile Effect Vic Trading Trust sought approval of an enterprise agreement with the CFMEU (Victorian Construction and General Division). The dispute centred on the provisions of the proposed agreement, which included terms and conditions for employees in the tile industry. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. This involved assessing if the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and if it was free from any illegal content. Additionally, the Commission had to consider whether the agreement provided for proper processes for the resolution of workplace disputes.

In reaching its decision, the Commission examined the process through which the agreement was negotiated, the content of the agreement itself, and submissions from both parties. It found that the agreement was made in good faith and contained all the mandated minimum terms and conditions. The Commission also confirmed that the agreement was free from illegal content and included adequate provisions for the resolution of workplace disputes. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the statutory requirements.

The final orders of the Commission were that the Tile Effect (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees within the specified period.

Tile Effect Vic Pty Ltd as trustee for Tile Effect Vic Trading Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established