DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6577)

BARON FORGE CONTRACTORS PTY. LTD. (TILING) AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 21 DECEMBER 2018

Application for approval of the Baron Forge Contractors Pty Ltd (Tiling) 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 Baron Forge Contractors Pty Ltd (Tiling) 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 28 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Baron Forge Contractors Pty Ltd (trading as Tiling Professionals) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement, titled "Baron Forge Contractors Pty Ltd (Tiling) and CFMEU Union Collective Agreement 2018-2019," sought to regulate various employment conditions for workers in the tiling industry in New South Wales. The Commission's task was to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues focused on whether the agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was bona fide, free from coercion and undue influence, and whether it provided for good faith bargaining. Additionally, the Commission examined whether the agreement contained appropriate mechanisms for resolving disputes and whether it aligned with the objectives of the Act, including promoting high standards of employment conditions and facilitating productivity improvements.

The Fair Work Commission found that the agreement was bona fide and had been negotiated in good faith. It concluded that the agreement did not contain any provisions that would be contrary to public interest or undermine the objectives of the Fair Work Act. The Commission noted that the agreement included standard terms and conditions of employment, such as wage rates, penalty rates, and provisions for leave and overtime. The Commission also considered the procedural fairness of the bargaining process and determined that there was no evidence of coercion or undue influence. Consequently, the Commission approved the agreement, finding it to be consistent with the statutory requirements.

As a result of the Commission's approval, the "Baron Forge Contractors Pty Ltd (Tiling) and CFMEU Union Collective Agreement 2018-2019" was registered and came into effect. This decision affirmed the validity of the agreement, providing certainty for both the employer and the union, as well as the employees covered by the 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