Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 6413

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4720)

Saba Bros. Tiling Pty. Ltd. / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Saba Bros. Tiling Pty. Ltd. / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Saba Bros. Tiling Pty. Ltd. / CFMEU Collective Agreement 2018 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 23 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between Saba Bros. Tiling Pty. Ltd. and the union. The application was brought under the Fair Work Act 2009, seeking to have the agreement recognised as a registered agreement. The dispute centred on whether the agreement met the requirements of the Act, including whether it was made in good faith and covered all employees within the bargaining unit.

The legal issues before the Commission included whether the agreement was made in good faith, if the union had the necessary representation to negotiate on behalf of the employees, and if the terms of the agreement complied with the provisions of the Fair Work Act. The Commission had to consider whether the agreement was consistent with the provisions of the Act and whether it was in the best interests of the employees.

The Commission found that the agreement was made in good faith and that the union had the necessary representation to negotiate on behalf of the employees. The Commission also found that the terms of the agreement were consistent with the provisions of the Fair Work Act and were in the best interests of the employees. The Commission approved the agreement, finding that it met all the necessary requirements under the Act.

The Commission ordered that the Saba Bros. Tiling Pty. Ltd. / CFMEU Collective Agreement 2018 be registered as a registered agreement under the Fair Work Act. The agreement was to be effective from the date of the registration and would apply to all employees within the bargaining unit. The Commission also ordered that the agreement be published on its website and that a copy be provided to both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established