DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/831)

CITY COAST TILING (QUEENSLAND) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2016

Application for approval of the City Coast Tiling (Queensland) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the City Coast Tiling (Queensland) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, 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, 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 18 April 2016 and, in accordance with s.54, will operate from 25 April 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and City Coast Tiling (Queensland) Pty Ltd. The CFMEU sought approval for a collective agreement covering the period from 2015 to 2019, which was to be applied to the employees of City Coast Tiling. The dispute was heard by the Fair Work Commission (FWC), which had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the collective agreement complied with the provisions of the Fair Work Act, specifically section 235, which mandates that agreements must provide for, amongst other things, minimum rates of pay, classification of employees and other terms and conditions of employment. The FWC had to consider if the agreement adequately covered these aspects and whether it provided fair and reasonable terms for both the employees and the employer.

The FWC examined the agreement in detail, focusing on whether it provided for the minimum rates of pay and proper classification of employees. The FWC noted that the agreement contained provisions for minimum wages and employee classifications, which aligned with the requirements of the Fair Work Act. Furthermore, the FWC assessed the overall fairness of the agreement and concluded that it provided reasonable terms for both parties. Given these findings, the FWC approved the collective agreement, determining that it met all necessary statutory requirements.

No further orders were made beyond the approval of the collective agreement. The FWC's decision provided clarity on the requirements for such agreements and affirmed the procedural correctness of the CFMEU's application.

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