DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1604)

TAYLOR CONSTRUCTION GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MAY 2018

Application for approval of the Taylor Construction Group Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Taylor Construction Group 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. 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 21 May 2018 and, in accordance with s.54, will operate from 28 May 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application for approval of a collective agreement between the Taylor Construction Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application was made under the Fair Work Act 2009, seeking formal recognition and enforcement of the agreement terms. The Federal Court of Australia was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issue the court had to address was whether the collective agreement was a "small business agreement" as defined by the Fair Work Act. This classification is significant because it exempts certain agreements from more stringent regulatory scrutiny, such as the need for a vote by the employees. The court needed to assess whether the Taylor Construction Group Pty Ltd qualified as a small business under the Act and whether the agreement was fairly negotiated and contained the requisite provisions.

The court examined the definition of a small business under the Fair Work Act, which includes businesses with fewer than 15 employees. Taylor Construction Group Pty Ltd met this criterion. The court also considered whether the agreement was genuinely negotiated and included terms that were fair and reasonable. After reviewing the evidence and submissions from both parties, the court found that the agreement was appropriately negotiated and contained all the necessary provisions. Consequently, the court approved the collective agreement, recognising it as a valid and enforceable small business agreement.

As a result of the court's decision, the Taylor Construction Group Pty Ltd/CFMEU Collective Agreement 2018 was formally approved and recognised under the Fair Work Act. This determination ensures that the terms of the agreement are legally binding and enforceable between the employer and the union, providing a clear framework for their industrial relationship.

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