DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1259)

PETER JOHNSTON TILING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 10 MAY 2019

Application for approval of the Peter Johnston Tiling Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Peter Johnston Tiling 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). The Agreement is a single-enterprise agreement.

[2] 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 CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Peter Johnston Tiling Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The application was made to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute arose from a disagreement between the applicant union and the employer regarding the terms and conditions of employment as outlined in the proposed collective agreement.

The primary legal issue before the Commission was whether the terms of the proposed collective agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements for registration under the Act. The Commission also considered whether the agreement was consistent with the principles of the national workplace relations system, including the protection of employees' rights and the avoidance of unnecessary industrial action.

The Commission examined the terms of the proposed agreement in detail, taking into account the submissions and evidence provided by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and was consistent with the principles of the national workplace relations system. The Commission also found that the agreement complied with the requirements for registration under the Act. Accordingly, the Commission approved the application for registration of the proposed collective agreement.

The Fair Work Commission approved the application for registration of the Peter Johnston Tiling Pty Ltd and CFMEU Union Collective Agreement 2018-2019, finding that the agreement provided for fair and reasonable terms and conditions of employment, and complied with the requirements of the Fair Work Act and Regulations. The agreement is now registered and binding on the parties, providing a framework for the employment relationship between the employer and the union members.

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