Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6637

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7224)

UNIQUE TILE & STONE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

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

Application for approval of the Unique Tile & Stone Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Unique Tile & Stone 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 Unique Tile & Stone Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement was for the period 2014 to 2017 and was being considered for its compliance with the relevant industrial relations legislation. The Commission was tasked with ensuring that the agreement did not undermine the provisions of the Fair Work Act 2009 and that it was fairly negotiated.

The central legal issues revolved around whether the agreement met the requirements of the Fair Work Act, specifically focusing on the procedural fairness of the negotiation process, the content of the agreement, and its compliance with the 'better off overall test'. The Commission needed to determine whether the agreement provided a fair and reasonable outcome for employees and whether it adhered to the principles of good faith bargaining and procedural fairness.

In reaching its decision, the Fair Work Commission examined the evidence presented regarding the negotiation process and the terms of the agreement. The Commission considered the submissions made by both parties and evaluated whether the agreement was genuinely negotiated and whether it provided terms and conditions that were no worse than those available under the applicable award or enterprise agreement. The Commission found that the agreement was fairly negotiated and met the better off overall test, thus approving the collective agreement. The Commission's decision emphasised the importance of ensuring that collective agreements are negotiated in good faith and provide fair outcomes for employees.

The Fair Work Commission approved the Unique Tile & Stone Pty Ltd / CFMEU Collective Agreement 2014 - 2017, recognising it as a valid and compliant agreement under the Fair Work Act. The decision highlighted the importance of procedural fairness and good faith in the negotiation of collective agreements.

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