Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6638

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7219)

MDS TILING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

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

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

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

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between MDS Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2014-2017. The applicant, MDS Tiling Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009, with the CFMEU supporting the application. The nature of the dispute centred around the terms and conditions of employment, including wages, working hours, and other employment-related matters, as outlined in the proposed agreement.

The legal issues before the Commission primarily revolved around whether the proposed agreement complied with the statutory requirements under the Fair Work Act, including fairness, procedural fairness, and whether it met the standards of a modern award. The Commission had to assess whether the agreement was genuinely negotiated, whether it provided for the resolution of disputes, and if it adhered to the provisions of the Act. Furthermore, the Commission needed to determine if the agreement was fair and reasonable in all its aspects, considering the interests of both the employees and the employer.

In considering these issues, the Commission examined the negotiation process, the contents of the agreement, and the evidence provided by both parties. It found that the agreement was the result of genuine negotiations and contained provisions that were fair and reasonable. The Commission concluded that the agreement was procedurally fair, met the standards of a modern award, and did not contravene any provisions of the Act. Therefore, the Commission approved the application for the collective agreement, finding it to be in compliance with the relevant legislative requirements.

As a result of the Commission's decision, the MDS Tiling Pty Ltd / CFMEU Collective Agreement 2014-2017 was approved and came into effect, governing the terms and conditions of employment for the relevant period. This outcome provided clarity and certainty for both the employer and the employees, ensuring that the agreement would operate as intended within the framework of 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