DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/512)

QUANTUM TILES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2019

Application for approval of the Quantum Tiles Pty Ltd / CFMEU Collective Agreement 2019.

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

[2] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 1 May 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of a collective agreement between Quantum Tiles Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application arose under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement, which outlined terms and conditions of employment for Quantum Tiles' employees. The Union, representing the employees, and the employer jointly submitted the agreement, asserting that it met the statutory requirements for fair and efficient workplace relations.

The central legal issue was whether the proposed collective agreement complied with the statutory framework set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and efficient workplace relations, as required by section 235 of the Act. This involved assessing whether the agreement addressed minimum entitlements, included a good faith bargaining process, and adhered to other legislative provisions concerning workplace agreements.

In its decision, the Commission carefully examined the provisions of the collective agreement, considering the statutory requirements and the context of the bargaining process. The Commission found that the agreement was comprehensive and met the necessary standards for fair and efficient workplace relations. It covered essential minimum entitlements, was the product of good faith bargaining, and complied with other relevant provisions of the Fair Work Act. Consequently, the Commission approved the application, endorsing the collective agreement as meeting the legislative criteria.

The Fair Work Commission's final order was the approval of the Quantum Tiles Pty Ltd / CFMEU Collective Agreement 2019. This decision affirmed the agreement as compliant with the statutory requirements and set the terms and conditions for employment for Quantum Tiles' employees as per the negotiated terms.

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