DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6835)

SET TILING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Set Tiling Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Set Tiling 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 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 8 December 2015 and, in accordance with s.54, will operate from 15 December 2015. 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 to the Fair Work Commission for approval of the Set Tiling Pty Ltd and CFMEU Union Collective Agreement 2015-2019. Set Tiling Pty Ltd, an employer in the landscaping industry, sought to have the application dismissed on the basis that the agreement contained provisions that were not in the best interests of the employees. The dispute was heard in the Fair Work Commission, Australia's independent statutory body responsible for resolving workplace disputes.

The central legal issue before the Commission was whether the provisions of the collective agreement were in the best interests of the employees. The employer argued that certain provisions of the agreement, particularly those related to shift patterns and overtime, were not in the best interests of the employees as they imposed undue restrictions and limitations on the employees' work arrangements. The CFMEU, on the other hand, contended that the provisions were necessary to protect the employees' rights and ensure fair treatment in the workplace.

The Fair Work Commission considered the arguments of both parties and examined the provisions of the collective agreement in detail. The Commission found that while some provisions of the agreement may have been restrictive, they were necessary to ensure that the employees were treated fairly and equitably in their work arrangements. The Commission also noted that the provisions were consistent with industry standards and practices and were not overly burdensome on the employees. Accordingly, the Commission approved the collective agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Set Tiling Pty Ltd and CFMEU Union Collective Agreement 2015-2019, rejecting the employer's application to have the agreement dismissed. The Commission found that the provisions of the agreement were in the best interests of the employees and were necessary to ensure fair treatment in the workplace. The decision serves as a reminder to employers and unions that the Fair Work Commission will carefully consider the interests of employees when approving collective agreements, and that provisions that are necessary to protect employees' rights and ensure fair treatment will generally be approved.

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