Construction, Forestry, Mining and Energy Union

[2014] FWCA 6480

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7222)

COMMERCIAL & RESIDENTIAL CERAMICS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 SEPTEMBER 2014

Application for approval of the Commercial & Residential Ceramics Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Commercial & Residential Ceramics 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 court involved an application for the approval of a collective agreement between Commercial & Residential Ceramics Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2014 to 2017. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and whether it met the statutory requirements for approval. The application was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act.

The primary legal issues the court needed to address were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was fair and reasonable, and if the agreement had been negotiated in good faith. The court also had to consider if the agreement provided for the protection of employees' rights and interests, and if it complied with the procedural requirements for approval as outlined in the Fair Work Act.

The court examined the agreement clause by clause, ensuring that it included all necessary terms such as minimum wages, penalty rates, leave provisions, and other entitlements. The court found that the agreement was comprehensive and contained all the mandatory terms required by law. Furthermore, the court concluded that the agreement was fair and reasonable, taking into account the bargaining positions of the parties and the economic context. The evidence presented indicated that the agreement had been negotiated in good faith, with both parties demonstrating a willingness to reach a mutually beneficial outcome. Based on these findings, the court approved the collective agreement.

As a result of the court's decision, the Commercial & Residential Ceramics Pty Ltd / CFMEU Collective Agreement 2014 - 2017 was approved and is now legally binding on both parties. The agreement will govern the terms and conditions of employment for the specified period, providing a framework for the relationship between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established