DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1853)

HAZARA TILES AND CFMEU (WA) TILING ENTERPRISE AGREEMENT 2018-2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the Hazara Tiles and CFMEU (WA) Tiling Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hazara Tiles and CFMEU (WA) Tiling Enterprise Agreement 2018-2020 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 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 of the Hazara Tiles and CFMEU (WA) Tiling Enterprise Agreement 2018-2020. The dispute arose from the application for approval of this enterprise agreement by the Fair Work Commission (FWC). The FWC was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the FWC was whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically whether it satisfied the good faith bargaining requirement, was sufficiently clear and accessible, and whether it met the procedural requirements for approval. The union argued that the agreement was the product of genuine and meaningful negotiations, while the employer contested the validity of the agreement on various grounds, including the scope of the bargaining process and the clarity of certain provisions.

The FWC determined that the agreement was the product of good faith bargaining and was sufficiently clear and accessible. It found that the process of negotiation was genuine and that the terms of the agreement were not overly complex. The FWC also confirmed that the agreement met the procedural requirements for approval under the Fair Work Act. Therefore, the FWC approved the enterprise agreement.

The Fair Work Commission approved the Hazara Tiles and CFMEU (WA) Tiling Enterprise Agreement 2018-2020. The agreement was found to be the product of genuine negotiations and met all the statutory requirements for approval under the Fair Work Act. The terms of the agreement were deemed sufficiently clear and accessible, and no procedural defects were identified in the application process.

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