DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3293)

SIX STAR TILING PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JULY 2018

Application for approval of the Six Star Tiling Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Six Star Tiling Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (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 6 August 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

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 Six Star Tiling Pty Ltd, concerning the approval of their 2018-2019 collective agreement. The court was tasked with assessing whether the agreement met the necessary standards for approval under the Fair Work Act. The applicants sought to have the agreement, which contained specific terms regarding wages, hours, and conditions of employment, formally recognised and approved.

The legal issues at the centre of this case included whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the court had to determine if the agreement contained appropriate mechanisms for resolving disputes and whether it provided fair and reasonable terms for employees and employers alike. A further consideration was whether the agreement was consistent with the broader principles of Australian labour law.

In delivering its decision, the court examined the content and structure of the collective agreement in detail. It found that the agreement was indeed made in good faith and adhered to the necessary statutory requirements. The court was satisfied that the agreement included appropriate dispute resolution mechanisms and provided fair and reasonable terms for both parties. Consequently, the court approved the collective agreement, finding it to be compliant with the relevant legislation and in the best interests of all involved.

The final orders of the court were that the Six Star Tiling Pty Ltd and CFMMEU Union Collective Agreement for the years 2018-2019 be approved and recognised as a registered agreement under the Fair Work Act. The approval was contingent upon the agreement being lodged with the Fair Work Commission within the specified timeframe.

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