DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/3928)

MET TILE COMMERCIAL TRUST T/AS MET TILE COMMERCIAL AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 MARCH 2021

Application for approval of the Met Tile Commercial Trust T/As Met Tile Commercial and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as the Met Tile Commercial Trust T/As Met Tile Commercial 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 12 March 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Met Tile Commercial Trust T/As Met Tile Commercial and CFMEU Union Collective Agreement 2020–2022. The dispute centred on the terms and conditions outlined in the proposed collective agreement, and whether they met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement provided for the appropriate matters, whether it was fair and reasonable, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission considered the extent to which the agreement facilitated a productive workplace and promoted efficient bargaining. The CFMEU argued that the agreement was fair and reasonable, while the employer, Met Tile Commercial Trust, raised concerns about certain provisions.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and contained appropriate provisions for the employees. The Commission emphasised the importance of facilitating a productive workplace and promoting efficient bargaining, and concluded that the agreement achieved these goals. The Commission also noted that the agreement included provisions for dispute resolution and protected employees' rights, which were essential elements of a fair and reasonable agreement. Accordingly, the Commission approved the proposed collective agreement.

The Fair Work Commission approved the Met Tile Commercial Trust T/As Met Tile Commercial and CFMEU Union Collective Agreement 2020–2022, finding that it was fair and reasonable, and met the legal requirements under the Fair Work Act. The Commission emphasised the importance of facilitating a productive workplace and promoting efficient bargaining, and concluded that the agreement achieved these goals. The Commission also noted that the agreement included provisions for dispute resolution and protected employees' rights, which were essential elements of a fair and reasonable agreement.

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