Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 7975

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7694)

BETTERTILES CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 NOVEMBER 2014

Application for approval of the Bettertiles Contracting Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bettertiles Contracting 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 has been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes 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

The applicants, Bettertiles Contracting Pty Ltd and the Construction, Forestry, Mining and Energy Union, sought the Fair Work Commission's approval of their collective agreement for the period 2014 to 2017. The agreement was intended to regulate the employment conditions of workers within Bettertiles Contracting's operations. The dispute came before the Fair Work Commission, Australia's national workplace relations tribunal.

The primary legal issues that the Commission had to address were whether the agreement met the statutory requirements for approval and if it complied with the Fair Work Act 2009. These included scrutinising whether the agreement provided fair and reasonable terms and conditions, and if the negotiation process was genuine and not coerced. The Commission also had to consider if the agreement met the criteria for being a single interest employer agreement and if it included appropriate dispute resolution mechanisms.

The Commission found that the agreement met the necessary requirements under the Act, as it was the product of genuine negotiations and provided fair and reasonable terms and conditions for the employees. The Commission was satisfied that the negotiation process was free from any form of coercion and that the agreement contained adequate dispute resolution provisions. Additionally, the agreement was deemed to be a single interest employer agreement as it covered all employees of Bettertiles Contracting. The Commission approved the agreement, finding it to be fair and reasonable, and compliant with the statutory framework.

The Fair Work Commission approved the Bettertiles Contracting Pty Ltd / CFMEU Collective Agreement 2014 - 2017. This decision underscores the importance of ensuring that collective agreements are the product of genuine negotiations and provide fair and reasonable terms and conditions for employees. The approval of this agreement highlights the Commission's commitment to upholding the principles of the Fair Work Act 2009 in regulating workplace relations.

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