DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1721)

MET TILE COMMERCIAL TRUST T/A MET TILE COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2016

Application for approval of the Met Tile Commercial Trust T/A Met Tile Commercial Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Met Tile Commercial Trust T/A Met Tile Commercial Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Met Tile Commercial Trust T/A Met Tile Commercial Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 July 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for the approval of a collective agreement entered into with the Met Tile Commercial Trust T/A Met Tile Commercial Pty Ltd. The union and the employer had reached an agreement that was to be in effect for a period of four years. The union sought the Commission's approval under section 234 of the Fair Work Act 2009, as the agreement included provisions that, if approved, would have the effect of a greenfields agreement. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act.

The key legal issue before the Commission was whether the agreement could be approved despite its classification as a greenfields agreement. The Fair Work Act permits the approval of such agreements, but only if they meet specific criteria. The Commission had to determine if the agreement provided for an appropriate balance between the interests of the employer and employees, whether it included necessary protections and entitlements, and if it complied with other legislative requirements.

In reaching its decision, the Commission considered the overall fairness and reasonableness of the agreement. It examined the terms of the agreement, the bargaining process, and the context in which the agreement was made. The Commission found that the agreement, while classified as a greenfields agreement, did provide for appropriate protections and entitlements for the employees. It also considered the implications of the agreement on the broader industrial relations system. Ultimately, the Commission determined that the agreement met the necessary criteria for approval and granted the application for approval.

The Commission's final orders included the approval of the collective agreement between the Construction, Forestry, Mining and Energy Union and the Met Tile Commercial Trust T/A Met Tile Commercial Pty Ltd. The agreement was to be in effect for the period from 1 July 2015 to 30 June 2019. The Commission's decision ensured that the agreement would provide a framework for fair and equitable terms of employment for the employees covered by the agreement, while also recognising the need for flexibility in the industrial relations system.

Construction, Forestry, 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