Construction, Forestry and Maritime Employees Union

[2024] FWCA 2370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2176)

S&L TILING PTY LTD T/AS MAX TILE & STONE AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	MELBOURNE, 26 JUNE 2024

Application for approval of the S&L Tiling PTY LTD T/As Max Tile & Stone and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the S&L Tiling PTY LTD T/As Max Tile & Stone and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of a collective agreement between the Construction, Forestry and Maritime Employees Union and S&L Tiling PTY LTD trading as Max Tile & Stone, the case reached the Fair Work Commission. The union and the employer had negotiated a collective agreement for the period 2023-2027, which was subject to the approval of the Commission under the Fair Work Act 2009. The union and the employer sought the Commission’s approval to formalise the terms of employment outlined in their agreement.

The central legal issue before the Commission was whether the proposed collective agreement complied with the requirements of the Fair Work Act. This involved assessing whether the agreement met the standards for good faith bargaining, whether it provided for fair and reasonable terms and conditions of employment, and whether it adhered to the provisions of the Act. Specifically, the Commission needed to ensure that the agreement was not inconsistent with any relevant national employment standards, did not discriminate against employees on prohibited grounds, and did not unfairly disadvantage any party.

The Fair Work Commission, after reviewing the submissions from both the union and the employer, found that the collective agreement was consistent with the legislative requirements. The agreement provided for fair and reasonable terms and conditions of employment and did not contravene any national employment standards. Furthermore, the Commission was satisfied that the agreement was the product of good faith bargaining between the parties. Consequently, the Commission approved the collective agreement, recognising it as a valid and enforceable instrument between the union and the employer.

The Fair Work Commission's decision approved the collective agreement between the Construction, Forestry and Maritime Employees Union and S&L Tiling PTY LTD trading as Max Tile & Stone for the period 2023-2027. This approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable, providing clarity and certainty for both the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established