DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2247)

ALTITUDE TILING PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 31 MARCH 2015

Application for approval of the Altitude Tiling Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Altitude Tiling Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 7 April 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Altitude Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union Tilelayers Enterprise Agreement 2011-2015. The union and the employer sought the Commission's approval of the agreement, which had been negotiated and agreed upon by the parties. The dispute centred around the procedural fairness of the negotiation process and the terms of the agreement itself.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it adhered to the requirements of the Fair Work Act. The union argued that the employer had not acted in good faith during the negotiation process, while the employer countered that the negotiation process was fair and that the terms of the agreement were reasonable and in line with the statutory requirements. The Commission had to assess the conduct of the parties during the negotiation process and determine whether the agreement met the statutory criteria for approval.

In its decision, the Commission found that the negotiation process was conducted in good faith and that the agreement met the statutory criteria for approval. The Commission emphasised that the burden was on the union to prove that the employer had not acted in good faith, a burden it found was not met. Regarding the terms of the agreement, the Commission held that they were fair and reasonable, and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Altitude Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union Tilelayers Enterprise Agreement 2011-2015, finding that it was made in good faith and met the statutory criteria for approval. The Commission's decision provided clarity and certainty for the parties involved, allowing them to proceed with the implementation of the agreement.

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