Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 8348

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9873)

A YAWARI & A YAWARI T/AS TILING RENDERING AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the A Yawari & A Yawari T/As Tiling Rendering and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the A Yawari & A Yawari T/As Tiling Rendering 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 1 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 court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the applicants for approval of the A Yawari & A Yawari T/As Tiling Rendering and the CFMEU Tilelayers Enterprise Agreement 2011-2015. The applicants sought approval of the enterprise agreement under the Fair Work Act 2009, while the CFMEU opposed the application, arguing that the agreement did not meet the requirements of the Act.

The primary legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically concerning the bargaining process and the content of the agreement. The CFMEU argued that the agreement was not the product of genuine bargaining as required by the Act, and it failed to provide for the fair treatment of employees, including provisions for wages and conditions.

In its decision, the court examined the evidence presented regarding the bargaining process and the terms of the agreement. The court found that the agreement was indeed the result of genuine bargaining, as the parties had engaged in a series of negotiations that reflected the principles of freedom of contract and mutual advantage. Additionally, the court determined that the agreement contained provisions that ensured the fair treatment of employees, including provisions for wages, hours of work, and other conditions of employment. Consequently, the court approved the enterprise agreement, finding it to be compliant with the Fair Work Act.

As a result of the court's decision, the A Yawari & A Yawari T/As Tiling Rendering and the CFMEU Tilelayers Enterprise Agreement 2011-2015 was approved and is now in effect. The final orders of the court were that the enterprise agreement be registered and that the applicants be granted the approval they sought under the Fair Work Act.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established