DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5550)

MET TILE COMMERCIAL TRUST T/AS MET TILE COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 23 NOVEMBER 2018

Application for approval of the Met Tile Commercial Trust T/As Met Tile Commercial Pty Ltd 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 Met Tile Commercial Trust T/As Met Tile Commercial 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.

[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 30 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between the Met Tile Commercial Trust trading as Met Tile Commercial Pty Ltd and the union. The dispute centred on the terms and conditions of employment contained within the proposed agreement, including wages, working hours, and other employment-related matters. The Commission was tasked with ensuring the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues that the Commission had to address included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements under the Act. The Commission had to examine the fairness of the agreement's terms and conditions, including whether they were comparable to those in similar industries, and whether they provided for a fair balance between the interests of employers and employees. Additionally, the Commission needed to ensure that the agreement was negotiated in good faith and that the necessary procedural steps were followed in reaching the agreement.

The Commission concluded that the proposed agreement was fair and reasonable, and complied with the requirements of the Act. The Commission found that the terms and conditions of employment were comparable to those in similar industries and provided for a fair balance between the interests of employers and employees. The Commission also found that the agreement was negotiated in good faith and that the necessary procedural steps were followed in reaching the agreement. As a result, the Commission approved the collective agreement.

The Fair Work Commission approved the collective agreement between the Met Tile Commercial Trust trading as Met Tile Commercial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The approval ensures that the terms and conditions of employment contained within the agreement are fair and reasonable, and that the agreement complies with the statutory requirements under the Fair Work Act 2009. The approval provides certainty for both employers and employees and helps to promote harmonious workplace relations.

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