DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7273)

BETTERTILES CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2019

Application for approval of the Bettertiles Contracting Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bettertiles Contracting Pty Ltd / CFMEU Collective Agreement 2018 (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 15 January 2019. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for the approval of a collective agreement entered into with Bettertiles Contracting Pty Ltd. The agreement was to apply to employees who were members of the CFMEU, working in the ceramic tiling industry in New South Wales. The FWC was required to determine whether the agreement was in the public interest and if it complied with the Fair Work Act 2009. The CFMEU argued that the agreement would improve workplace safety and conditions, while Bettertiles Contracting Pty Ltd contended that the agreement imposed excessive and unnecessary costs on the business.

The FWC considered the purpose and effect of the agreement, including its impact on the businesses involved, employees, and the broader industry. The Commission found that the agreement had the potential to improve workplace safety and conditions, and that the benefits outweighed any potential costs to the business. The FWC also found that the agreement was not inconsistent with the principles of the Fair Work Act, and that it was in the public interest to approve the agreement.

The FWC approved the Bettertiles Contracting Pty Ltd / CFMEU Collective Agreement 2018. The CFMEU and Bettertiles Contracting Pty Ltd were required to notify the FWC of any changes to the agreement and to provide a copy of the agreement to the FWC upon request. The approval of the agreement was an important step in improving workplace safety and conditions for employees in the ceramic tiling industry in New South Wales.

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