DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10332)

DONNY PAINTING & TILING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 JANUARY 2015

Application for approval of the Donny Painting & Tiling Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Donny Painting & Tiling Pty Ltd / CFMEU Collective Agreement 2014 - 2017 (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 Applicant). 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 relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Donny Painting & Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) were involved in a dispute regarding the approval of their collective agreement for the years 2014 to 2017. The matter was heard in the Fair Work Commission, Australia's national workplace relations tribunal. The union applied for the approval of the collective agreement which contained certain provisions that the employer contested. The central legal issues before the Commission were whether the provisions in the collective agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission examined the provisions in question and considered the principles of fairness and reasonableness in industrial relations. The Commission also assessed whether the provisions aligned with the objectives of the Fair Work Act, which aims to create a balanced framework for productive workplace relations. After careful deliberation, the Commission concluded that while some of the provisions were fair and reasonable, others did not meet the statutory criteria. The Commission approved the collective agreement with modifications to the contested provisions, ensuring that they complied with the legislative requirements.

The Fair Work Commission's decision was that the collective agreement, as modified, was fair and reasonable and complied with the Fair Work Act. The modifications ensured that the provisions were balanced and did not unduly favour either party. The court ordered the approval of the collective agreement with the specified modifications. The decision underscored the importance of adhering to the principles of fairness and reasonableness in collective agreements, while also ensuring compliance with the Fair Work Act.

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