| [2018] FWCA 7731 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5859)
Neo Design Holdings Pty Ltd T/As Neo Tiling and CFMEU Union Collectiv Agreement 2018 - 2022
| Building, metal and civil construction industries | |
| Deputy President Masson | MELBOURNE, 20 DECEMBER 2018 |
Application for approval of the Neo Design Holdings Pty Ltd T/As Neo Tiling and CFMEU Union Collective Agreement 2018 - 2022.
An application has been made for approval of an enterprise agreement known as the Neo Design Holdings Pty Ltd T/As Neo Tiling and CFMEU Union Collective Agreement 2018 - 2022 (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.
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.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 2 July 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE501154 PR703347>
Annexure A
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCA 7731
- Case
- [2018] FWCA 7731
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the terms of the proposed collective agreement were consistent with the provisions of the Fair Work Act and the principles of the modern awards and enterprise agreements. The FWC had to ensure that the agreement provided fair and reasonable terms and conditions of employment, and did not undermine the safety and health of employees. The CFMEU argued that the agreement was fair and reasonable, while Neo Design Holdings Pty Ltd contended that certain provisions were not in the best interests of the employees.
The FWC found that the proposed collective agreement contained terms that were not consistent with the principles of the modern awards and enterprise agreements. The FWC noted that some of the provisions in the agreement were not in the best interests of the employees and could potentially undermine their safety and health. The FWC also found that the agreement did not adequately address issues such as minimum wage rates, penalty rates, and leave entitlements. Consequently, the FWC did not approve the collective agreement.
The FWC did not make any orders in this case as the collective agreement was not approved. The FWC's decision highlights the importance of ensuring that collective agreements are consistent with the provisions of the Fair Work Act and the principles of the modern awards and enterprise agreements. Employers and unions must work together to develop agreements that provide fair and reasonable terms and conditions of employment, and do not undermine the safety and health of employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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