Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 2018

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/2580)
TILECORP PTY LTD AND CFMEU UNION COLLECTIVE
AGREEMENT 2015-2019
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the Tilecorp Pty Ltd and CFMEU Union Collective Agreement

2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the

Tilecorp 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 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 of the Act 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) of the Act 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) of the Act I note that the Agreement

covers the organisation.
[2016] FWCA 2018

[4] The Agreement was approved on 1 April 2016 and, in accordance with s.54 of the Act,

will operate from 8 April 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Tilecorp Pty Ltd and CFMEU Union Collective Agreement 2015-2019, pursuant to section 185 of the Fair Work Act 2009. The application was heard by Commissioner Roe, who determined that the requirements of sections 186, 187, and 188 of the Act were met. The agreement, covering the building, metal and civil construction industries, was approved by the Fair Work Commission on 1 April 2016, and will operate from 8 April 2016 with a nominal expiry date of 2 July 2019.

The key legal issues considered by the court were whether the agreement was a single enterprise agreement, whether it fairly represented the employees, and whether the CFMEU was a proper bargaining representative for the agreement. The court found that the agreement was a single enterprise agreement and that the group of employees was fairly chosen, despite not covering all employees of the employer. The CFMEU was deemed a proper bargaining representative for the agreement, having given notice under section 183 of the Act.

The Commissioner found that the agreement met the criteria for approval as outlined in sections 186, 187, and 188 of the Act. The agreement was not only a single enterprise agreement, but also fairly represented the employees, and the CFMEU was a proper bargaining representative. The court concluded that all relevant requirements for approval of the agreement were satisfied.

The Tilecorp Pty Ltd and CFMEU Union Collective Agreement 2015-2019 was approved by the Fair Work Commission and will operate from 8 April 2016 until 2 July 2019, unless terminated earlier in accordance with the provisions of the agreement or the Fair Work Act. The agreement provides for the terms and conditions of employment for employees in the building, metal and civil construction industries, and is now legally binding on the parties involved.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established