DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5248)

SET TILING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

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

Application for approval of the Set Tiling 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 Set 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.

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

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Set Tiling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was asked to approve a collective agreement. Set Tiling Pty Ltd, an employer in the construction industry, and the union representing its employees, sought the Commission's approval for the terms and conditions outlined in their collective agreement for the period 2018-2019. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the procedural fairness and the overall fairness of the agreement's provisions.

The central legal issues revolved around the procedural fairness in the negotiation process and the substantive fairness of the terms and conditions contained in the collective agreement. The Commission had to assess if the union and the employer had engaged in good faith negotiations and if the agreement's terms were fair and reasonable. Additionally, the Commission needed to ensure that the agreement did not contravene any relevant awards or registered agreements and that it adhered to the principles of the national workplace relations system.

After thorough consideration of the evidence presented by both parties, the Commission concluded that the negotiation process had been conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission found that the agreement was consistent with the objectives of the Fair Work Act and did not contain any provisions that were contrary to the national workplace relations system. Consequently, the Commission approved the Set Tiling Pty Ltd and CFMEU Union Collective Agreement 2018-2019, affirming its compliance with all legal standards.

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