DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8429)

FINE TOUCH PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the Fine Touch Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Fine Touch 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

In the matter of an application for approval of the Fine Touch Pty Ltd / CFMEU Collective Agreement 2014-2017, the Fair Work Commission heard the case. The Construction, Forestry, Mining and Energy Union sought approval for a collective agreement with Fine Touch Pty Ltd. The crux of the dispute lay in the interpretation and application of the Fair Work Act 2009, particularly regarding the agreement's compliance with the provisions for employee representation and the protection of non-union employees.

The legal issues that the Fair Work Commission had to address included whether the agreement adequately protected the rights of non-union employees and whether it complied with the requirements for genuine employee representation as stipulated in the Act. The Commission also had to consider if the agreement was consistent with the principles of good faith bargaining and whether it met the standards for approval under the statutory framework.

After thorough examination, the Commission determined that the agreement did not sufficiently protect the rights of non-union employees, which was a critical deficiency. The Commission found that the provisions for employee representation were inadequate and did not meet the statutory requirements for good faith bargaining. Consequently, the Commission did not approve the agreement, highlighting the need for amendments to ensure compliance with the Fair Work Act 2009.

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