Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 6002

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5018)

JP & MC Tiling Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Lee	WOLLONGONG, 26 SEPTEMBER 2018

Application for approval of the JP & MC Tiling Pty Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the JP & MC 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 3 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

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union and JP & MC Tiling Pty Ltd, concerning an application for approval of their 2018 collective agreement. The dispute was adjudicated in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues before the court were whether the agreement complied with the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and fairness. The court had to examine if the agreement contained all the mandated terms and conditions, if it provided for a reasonable mechanism for dispute resolution, and if it was reached through genuine collective bargaining. Additionally, the court considered whether the agreement was consistent with the overarching objectives of the Fair Work Act, including protecting employees' rights and promoting harmonious workplace relations.

The court examined the contents of the collective agreement and found it to be compliant with the statutory requirements. The agreement included all necessary terms and conditions and provided for a reasonable mechanism for dispute resolution. The court was satisfied that the agreement was the product of genuine collective bargaining, as evidenced by the conduct of the parties during the negotiation process. The court further determined that the agreement was consistent with the broader objectives of the Fair Work Act, including the protection of employees' rights and the promotion of harmonious workplace relations. Consequently, the court approved the agreement.

The court ordered the approval of the JP & MC Tiling Pty Ltd / CFMEU Collective Agreement 2018, confirming its compliance with the statutory requirements and its alignment with the principles of good faith bargaining and fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established