Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6379

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7211)

N.S.W. TILING SERVICES PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the N.S.W. Tiling Services Pty. Ltd. / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe N.S.W. Tiling Services 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 parties in the case were N.S.W. Tiling Services Pty. Ltd. and the Construction, Forestry, Mining and Energy Union. The dispute was about the approval of a collective agreement between the two parties, which was to cover the years 2014 to 2017. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The union sought approval of the agreement, which had been negotiated with the employer, while the employer contested certain aspects of the agreement, particularly those concerning wages and conditions.

The central legal issues the court had to decide revolved around whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. These requirements included ensuring that the agreement did not provide for terms and conditions that were less favourable than the applicable award or safety net award. The employer contested several provisions, arguing they were unfair and did not comply with the safety net provisions. The union, on the other hand, argued that the provisions were necessary for the fair treatment of its members.

In delivering the decision, the Commission considered the statutory framework and the specific provisions of the agreement. It found that while some provisions were indeed less favourable than the applicable award, they were necessary to address specific issues affecting the workforce and were not contrary to public policy or contrary to the safety net provisions. The Commission ultimately approved the agreement, subject to certain modifications to ensure compliance with the relevant award and statutory provisions. The modifications were made to address the employer's concerns about the fairness and reasonableness of the agreement's terms.

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