Tile-It Pty Ltd

[2021] FWCA 6041

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tile-It Pty Ltd
(AG2021/7319)

TILE-IT ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 1 OCTOBER 2021

Application for approval of the Tile-It Enterprise Agreement 2021

[1] Tile-It Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Tile-It Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Having regard to s.190(4) of the Act, there are no bargaining representatives for the Agreement.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2021. The nominal expiry date of the Agreement is 1 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Tile-It Pty Ltd applied for the Fair Work Commission's approval of the Tile-It Enterprise Agreement 2021, which was made between the company and a number of its employees who are members of a trade union. The union submitted that the agreement complied with the relevant legislative provisions and should be approved. The company's primary contention was that certain provisions of the agreement were not in compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issues in this matter were whether the terms of the agreement were compliant with the statutory requirements and if the agreement had been made in accordance with the prescribed process. The union argued that the agreement had been fairly and genuinely negotiated, and that the process followed adhered to the requirements of the Act. The company, on the other hand, contended that there were procedural flaws and that certain provisions of the agreement were not consistent with the legislative framework.

The Fair Work Commission found that the agreement had indeed been fairly and genuinely negotiated, and that the process followed was compliant with the statutory requirements. The Commission held that the provisions of the agreement, including those that the company had challenged, were consistent with the relevant legislation. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. Consequently, the application for approval was successful.

The Fair Work Commission approved the Tile-It Enterprise Agreement 2021, finding that it complied with the statutory requirements and that the process followed was fair and genuine. The agreement was approved, and the company was directed to implement its terms in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established