DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4022)

PETER JOHNSTON TILING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2021

Application for approval of the Peter Johnston Tiling Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Peter Johnston Tiling Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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.

[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 23 March 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Peter Johnston Tiling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made to the Fair Work Commission, which has jurisdiction to approve, reject, or vary collective agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the legal requirements for approval, including whether it promoted harmonious, productive, and cooperative workplace relations.

The primary legal issue was whether the provisions of the proposed agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the criteria for approval, including whether it promoted harmonious, productive, and cooperative workplace relations, and whether it contained provisions that were contrary to public policy or not in the best interests of the employees. The application also required the Commission to consider whether the agreement provided for a fair and efficient workplace, including appropriate mechanisms for the resolution of workplace disputes.

The Commission found that the agreement did not comply with the statutory requirements for approval. The primary issue was that the agreement included a provision that required employees to participate in union activities, which the Commission found to be contrary to public policy. The Commission held that such a requirement was not conducive to promoting harmonious, productive, and cooperative workplace relations and was not in the best interests of the employees. The Commission also found that the agreement did not provide for an efficient workplace, as it did not include appropriate mechanisms for the resolution of workplace disputes. Accordingly, the application for approval was rejected.

The Commission did not make any orders as the application for approval was rejected. The parties were directed to negotiate a new agreement that complied with the statutory requirements for approval.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established