DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1663)

CITY COAST TILING (QUEENSLAND) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JUNE 2020

Application for approval of the City Coast Tiling (Queensland) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the City Coast Tiling (Queensland) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the City Coast Tiling (Queensland) Pty Ltd and CFMEU Union Collective Agreement for the years 2018 to 2019. The application was made to the Fair Work Commission (FWC). The primary dispute centred on whether the terms of the collective agreement complied with the Fair Work Act 2009, particularly in relation to the provisions governing employee entitlements and dispute resolution mechanisms.

The court had to determine whether the agreement was a "registered agreement" under the Fair Work Act, which requires that the agreement meets certain criteria, including that it does not discriminate against employees, it does not permit discrimination or victimisation, and it is not contrary to public policy. Additionally, the court examined if the dispute resolution mechanisms outlined in the agreement were fair and efficient, and if the terms governing employee entitlements were reasonable and consistent with the broader objectives of the Act.

The Fair Work Commission, in its decision, found that the collective agreement largely complied with the requirements of the Fair Work Act. The court acknowledged the need for the agreement to balance the interests of both employers and employees. It noted that the dispute resolution mechanisms provided in the agreement were adequate and the terms regarding employee entitlements were reasonable and in line with the overarching objectives of the Act. Consequently, the FWC approved the agreement.

As a result of the decision, the City Coast Tiling (Queensland) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 was approved and registered under the Fair Work Act 2009.

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