DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1048)

MET TILE COMMERCIAL TRUST T/AS MET TILE COMMERCIAL PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the Met Tile Commercial Trust T/As Met Tile Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Met Tile Commercial Trust T/As Met Tile Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 1 November 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 for approval of a collective agreement with Met Tile Commercial Trust T/As Met Tile Commercial Pty Ltd, pertaining to the Queens Wharf Project. The union sought to have the agreement registered under the Fair Work Act 2009 to ensure that it could be enforced and that its provisions would apply to the relevant employees. The Commission was required to determine whether the agreement met the statutory criteria for approval, including whether it was genuinely a product of bargaining between the parties, whether it contained only matters negotiable in good faith, and whether it was in the best interests of the employees it was intended to cover.

The key legal issues before the Commission were whether the agreement was genuinely negotiated between the parties and whether it contained only matters that were genuinely negotiable in good faith. The employer argued that the agreement was not genuinely negotiated as it was based on a template provided by the union, and that certain provisions were not genuinely negotiable in good faith, such as those relating to pay rates and conditions. The union, on the other hand, argued that the agreement was the product of genuine negotiations and that all provisions were genuinely negotiable in good faith. The Commission considered the evidence and submissions from both parties and found that the agreement was genuinely negotiated and contained only genuinely negotiable matters. The Commission was satisfied that the union had provided a template as a starting point for negotiations, but that the final agreement reflected the outcome of genuine bargaining between the parties.

In reaching its decision, the Commission considered the evidence of the parties and the relevant statutory provisions. It found that the agreement was the product of genuine negotiations between the parties, and that the provisions relating to pay rates and conditions were genuinely negotiable in good faith. The Commission noted that the employer had not provided any evidence to suggest that the union had acted in bad faith or that the provisions were not the result of genuine bargaining. The Commission also found that the agreement was in the best interests of the employees it was intended to cover, as it provided for improved pay and conditions, and addressed a range of other matters that were of importance to the employees. Having considered all of the evidence and submissions, the Commission was satisfied that the agreement met the statutory criteria for approval and granted the union's application for approval of the collective agreement.

The Fair Work Commission approved the Union Collective Agreement 2018 between the Construction, Forestry, Maritime, Mining and Energy Union and Met Tile Commercial Trust T/As Met Tile Commercial Pty Ltd, and registered it under the Fair Work Act 2009. The agreement is now legally binding on the parties and can be enforced by the employees it covers. The Commission's decision provides clarity and certainty for both the union and the employer, and ensures that the employees involved in the Queens Wharf Project are protected by a fair and reasonable collective 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