DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6707)

TERRAZO AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of the Terrazzo Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Terrazzo Australia 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). It has been made by 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.

[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 1 February 2019. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for approval of the Terrazzo Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019. Terrazzo Australia Pty Ltd contested the application on the basis that the agreement contained a provision that was not consistent with the Fair Work Act. The matter was heard in the Full Bench of the Fair Work Commission. The legal issue before the Commission was whether the provision in question was consistent with the Fair Work Act. The Commission considered the relevant provisions of the Fair Work Act and previous decisions on the issue. The Commission found that the provision was not consistent with the Fair Work Act and dismissed the application for approval of the collective agreement. The Commission noted that the provision in question allowed for the termination of employment on the basis of an employee's union membership or activities, which was not permitted under the Act. The Commission also noted that the provision was not narrowly tailored to achieve a legitimate aim and was therefore not consistent with the Act. The Commission dismissed the application for approval of the 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