DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3633)

OPEN TILING SERVICES PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 17 AUGUST 2018

Application for approval of the Open Tiling Services Pty. Ltd. / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Open Tiling Services 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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement with Open Tiling Services Pty Ltd, as per the Fair Work Act 2009. The application was before the Fair Work Commission, which had the authority to assess the agreement against the provisions of the Act. The union argued that the agreement was necessary to address workplace issues and improve working conditions for the employees of Open Tiling Services. The company, however, contested the application, claiming that the agreement contained provisions that were not in the best interests of the employees or the business.

The central legal issue before the Commission was whether the agreement met the criteria for approval under section 232 of the Fair Work Act. This involved examining whether the agreement provided for terms and conditions that were in the best interests of the employees, and whether it complied with any relevant provisions of the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it contained any provisions that were contrary to public policy.

In rendering its decision, the Fair Work Commission examined the specifics of the agreement, focusing on the terms and conditions it proposed. The Commission assessed the fairness of the agreement by considering the balance of rights and obligations for both parties, and whether it contributed to a harmonious workplace. The Commission also evaluated the good faith of the agreement's negotiation process and its alignment with the principles of the Act. After careful consideration, the Commission found that the agreement met the necessary criteria for approval. It concluded that the agreement was fair and in the best interests of the employees and did not contravene any provisions of the Fair Work Act.

The Fair Work Commission approved the application for the Open Tiling Services Pty Ltd / CFMEU Collective Agreement 2018. The Commission determined that the agreement was fair and balanced, meeting the requirements of the Fair Work Act. This decision allowed the agreement to proceed, providing a framework for the terms and conditions of employment for the employees of Open Tiling Services.

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