DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3317)

COMMERCIAL & RESIDENTIAL CERAMICS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2018

Application for approval of the Commercial & Residential Ceramics Pty Ltd/CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Commercial & Residential Ceramics 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 10 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 matter before the Fair Work Commission was an application for the approval of a collective agreement between Commercial & Residential Ceramics Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms of the proposed agreement, specifically whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the interests of the employees and whether it complied with the statutory requirements for approval.

The key legal issues before the Commission included whether the proposed agreement was a "direct" agreement between the employer and the union, whether it complied with the statutory requirements for coverage, and whether the agreement provided for adequate protections for employees. The Commission had to consider whether the agreement was in the interests of the employees and whether it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission determined that the proposed agreement was a direct agreement between the employer and the union, and that it complied with the statutory requirements for coverage. The Commission found that the agreement provided for adequate protections for employees and that it was in their best interests. The Commission approved the agreement, finding that it met the statutory requirements for approval and that it was in the interests of the employees.

The Fair Work Commission approved the Commercial & Residential Ceramics Pty Ltd/CFMEU Collective Agreement 2018. The decision provides guidance for employers and unions on the requirements for a collective agreement to be approved by the Commission. It highlights the importance of ensuring that any proposed agreement provides for adequate protections for employees and is in their best interests.

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