DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2655)

TILE LOGISTICS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 AUGUST 2019

Application for approval of the Tile Logistics Pty Ltd / CFMEU Collective Agreement 2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an for approval of an enterprise agreement known as the Tile Logistics Pty Ltd / CFMEU Collective Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 August 2019 and, in accordance with s 54, will operate from 16 August 2019. The nominal expiry date of the Agreement is 1 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Tile Logistics Pty Ltd for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement which outlined terms and conditions of employment for employees of Tile Logistics. The CFMEU supported the application, asserting that the agreement fairly reflected the needs and interests of its members working for Tile Logistics.

The central legal issue before the Commission was whether the collective agreement met the statutory requirements under the Fair Work Act for endorsement. This involved examining whether the agreement contained only matters that could be the subject of a registered agreement, did not include any terms that were prohibited or otherwise unenforceable, and was otherwise compliant with the Act. The Commission needed to determine whether the agreement appropriately balanced the interests of both the employer and the employees and complied with all relevant legislative provisions.

In delivering its decision, the Commission noted that the agreement contained terms that were standard for industry, and the parties had negotiated in good faith. The Commission found that the agreement did not include any prohibited terms, and the terms were not unfair. It was also determined that the agreement was made in accordance with the procedural requirements of the Act, including the provision of relevant information to the employees and the opportunity for them to seek legal advice. Consequently, the Commission approved the collective agreement under section 234 of the Fair Work Act.

The Fair Work Commission approved the Tile Logistics Pty Ltd / CFMEU Collective Agreement 2019, endorsing it as compliant with the statutory requirements of the Fair Work Act. This approval formalises the terms and conditions of employment for employees of Tile Logistics, as negotiated with the CFMEU.

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