DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6144)

NEO DESIGN HOLDINGS PTY LTD T/A NEO TILING AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 24 NOVEMBER 2015

Application for approval of the Neo Design Holdings Pty Ltd T/A Neo Tiling and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Neo Design Holdings Pty Ltd T/A Neo Tiling and CFMEU Union Collective Agreement 2014-2018 (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 24 November 2015 and, in accordance with s.54, will operate from 1 December 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between Neo Design Holdings Pty Ltd trading as Neo Tiling and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard by the Fair Work Commission, Australia's workplace relations tribunal. The primary issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the terms and conditions it established for employees.

The Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring it did not unfairly disadvantage any party. This included assessing whether the agreement was made in good faith, covered all relevant employees, and provided adequate protections and entitlements. The CFMEU argued that the agreement was fair and reasonable, while Neo Design Holdings Pty Ltd expressed concerns about certain provisions.

In its decision, the Commission found that the agreement did meet the necessary statutory requirements. It determined that the agreement was made in good faith and covered all relevant employees. The Commission also concluded that the terms and conditions established were fair, taking into account the economic and operational context of the industry. Consequently, the Fair Work Commission approved the collective agreement, finding it to be compliant with the Fair Work Act 2009.

The Commission's final orders included the approval of the collective agreement between Neo Design Holdings Pty Ltd and the CFMEU, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees for the specified period.

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