Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7422

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6556)

The Trustee for Adams Family Trust T/As Bill Adams Tiling Pty Ltd and CFMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Hunt	BRISBANE, 12 DECEMBER 2018

Application for approval of the The Trustee for Adams Family Trust T/As Bill Adams Tiling Pty Ltd and CFMEU Union Collective Agreement 2018-2019

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the The Trustee for Adams Family Trust T/As Bill Adams Tiling 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). The Agreement is a single-enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement with The Trustee for the Adams Family Trust trading as Bill Adams Tiling Pty Ltd. The application was heard in the Fair Work Commission, which is responsible for resolving disputes and making decisions regarding workplace relations matters in Australia. The nature of the dispute centred around whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, and if it was in the best interests of the employees covered by the agreement. This involved an examination of the procedural fairness of the agreement-making process, the content of the agreement itself, and whether the agreement appropriately balanced the interests of the employees and the employer.

The Commission found that the agreement was procedurally fair and appropriately balanced the interests of the employees and the employer. The agreement was deemed to be in the best interests of the employees, as it provided for improved conditions and protections for those working in the tiling industry. The Commission also noted the importance of maintaining good industrial relations in the industry, and how the agreement would contribute to this goal. Consequently, the Commission approved the collective agreement, finding it met the necessary requirements under the Fair Work Act.

As a result of the Commission's decision, the CFMEU Union Collective Agreement 2018-2019 was approved and is now in effect for the employees of Bill Adams Tiling Pty Ltd. This decision highlights the importance of collective bargaining and the role of the Fair Work Commission in ensuring that agreements are fair and balanced for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established