DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tile It Pty Limited
(AG2017/2293)

TILE-IT ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 JULY 2017

Application for approval of the Tile-It Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tile-It Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tile It Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 2 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tile It Pty Limited applied to the Fair Work Commission for approval of the Tile-It Enterprise Agreement 2017. The application was opposed by the Australian Building Construction Employees and Builders Labourers Federation (Building), which represents employees. The primary dispute centred on the terms and conditions stipulated within the agreement, particularly those relating to employee pay rates, hours of work, and other employment conditions. The matter was heard in the Fair Work Commission, the body responsible for overseeing and regulating workplace relations and agreements in Australia.

The legal issues the court had to address included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of ensuring that it provided a safety net of minimum entitlements for employees. The court also had to consider whether the agreement allowed for adequate flexibility to meet the needs of the business while ensuring fair and reasonable terms for employees. Additionally, the court needed to determine if there was genuine bargaining between the employer and the union, as required by the Act.

The Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The court identified several deficiencies in the agreement, including the absence of specific provisions regarding penalty rates and overtime, which were critical for employees in this industry. The Commission also noted that the agreement did not adequately address the needs of lower-paid employees and lacked provisions for job security and dispute resolution mechanisms. Furthermore, the Commission found that there was no evidence of genuine bargaining between the parties, which is a fundamental requirement under the Fair Work Act. Consequently, the application for approval was dismissed.

No final orders were made as the application for approval of the agreement was dismissed. The Commission directed that the agreement be returned to the parties for further negotiation and consideration, ensuring that it met all legal and procedural requirements before resubmission for approval.

Tile It Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established