DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4432)

THE TRUSTEE FOR EXTON FAMILY TRUST T/AS BRISBANE TILE & STONE SEALING AND CFMEU UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 DECEMBER 2019

Application for approval of The Trustee for Exton Family Trust T/As Brisbane Tile & Stone Sealing and CFMEU Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Exton Family Trust T/As Brisbane Tile & Stone Sealing and CFMEU Union Collective Agreement 2018 (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 10 December 2019. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between the union and The Trustee for Exton Family Trust trading as Brisbane Tile & Stone Sealing. The primary dispute centred on whether the collective agreement, specifically the CFMEU Union Collective Agreement 2018, was consistent with the relevant industrial laws and whether it should be endorsed and approved by the court.

The court was tasked with examining the agreement's provisions to determine if they complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This included assessing the agreement's conformity with the principles of good faith bargaining, its coverage of appropriate bargaining units, and whether it adhered to the prescribed standards of the law. The court also had to ensure that the agreement did not include any unfair or unreasonable terms that might contravene the public interest or existing industrial awards.

In its decision, the court meticulously reviewed the provisions of the collective agreement, concluding that it adhered to the statutory requirements and was in line with the principles of good faith bargaining. The court found that the agreement appropriately covered the intended bargaining units and did not contain any terms that were unfair or unreasonable. It was satisfied that the agreement met all necessary criteria for approval and endorsement. Consequently, the court granted the application for approval of the CFMEU Union Collective Agreement 2018.

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