Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 3143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3293)

TILECORP PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 28 SEPTEMBER 2023

Application for approval of the Tilecorp Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Tilecorp Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Tilecorp Pty Ltd for the period 2023 to 2027. The Fair Work Commission (FWC) was asked to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The agreement included terms and conditions of employment, pay rates, and dispute resolution processes. The FWC was tasked with assessing whether the agreement was free from prohibited content, provided for a safety net of minimum terms and conditions, and ensured procedural fairness in its formation.

The legal issues before the FWC centred on whether the collective agreement contained any prohibited content, such as terms that were contrary to public policy or unreasonably discriminatory. The FWC also had to determine if the agreement provided for a safety net of minimum terms and conditions, ensuring that it did not undermine the existing industrial safety net. Furthermore, the FWC considered whether the agreement was formed in a procedurally fair manner, with genuine bargaining between the parties.

The FWC found that the collective agreement was free from prohibited content and met the safety net requirements. The agreement provided for a reasonable set of minimum terms and conditions, ensuring that it did not undermine the existing industrial safety net. The FWC also concluded that the agreement was formed through genuine bargaining between the parties, as evidenced by the documentation and testimonies presented. The FWC approved the agreement, emphasising the importance of maintaining a balanced and fair industrial relations environment.

The FWC approved the Tilecorp Pty Ltd and CFMEU Union Collective Agreement 2023–2027, subject to the terms and conditions outlined in the decision. The FWC's approval ensures that the agreement will operate as a valid and enforceable instrument under the Fair Work Act 2009. The decision highlights the importance of collective agreements in promoting fair and balanced industrial relations, while also safeguarding the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established