DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10097)

NU TECH TILING TRUST (THE TRUSTEE FOR) T/AS NU TECH TILING PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Nu Tech Tiling Trust (The Trustee for) T/As Nu Tech 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 Nu Tech Tiling Trust (The Trustee for) T/As Nu Tech 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 12 December 2014. 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 approval of the Nu Tech Tiling Tilelayers Enterprise Agreement 2011-2015. The parties included the Nu Tech Tiling Trust, trading as Nu Tech Tiling Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the procedural fairness of the agreement process and the fairness of the agreement itself.

The court was required to determine whether the process of reaching the agreement was conducted in a manner that was procedurally fair and whether the agreement itself was fair. This involved examining whether the employer provided all necessary information to the union, whether the union had a reasonable opportunity to negotiate, and whether the terms of the agreement were fair and reasonable. The court also had to consider whether the agreement met the standards set by the Fair Work Act 2009.

The Fair Work Commission found that the process was procedurally fair and that the agreement was fair. The Commission noted that the employer had provided all necessary information to the union and that the union had ample opportunity to negotiate. The terms of the agreement were deemed fair and reasonable, meeting all legal standards. Consequently, the Commission approved the enterprise agreement.

The Commission’s decision was based on a thorough examination of the negotiation process and the terms of the agreement. It was concluded that the agreement was fair and that it met all legal requirements. As such, the Fair Work Commission approved the Nu Tech Tiling Tilelayers Enterprise Agreement 2011-2015.

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