Construction, Forestry, Mining and Energy Union

[2014] FWCA 6380

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7207)

CLASSIC TILES PROJECTS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2014-2017

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

Application for approval of the Classic Tiles Projects Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Classic Tiles Projects 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 Construction, Forestry, Mining and Energy Union sought approval for a collective agreement between Classic Tiles Projects Pty Ltd and the union, which covered the period from 2014 to 2017. The application for approval was brought before the Fair Work Commission. The primary dispute centred on the terms and conditions outlined in the collective agreement, including issues such as wages, working hours, and other employment conditions. The union argued that the agreement was fair and reasonable, while Classic Tiles Projects Pty Ltd contested certain provisions, claiming they were overly burdensome and not reflective of the industry standards.

The Fair Work Commission was tasked with determining whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was genuinely bargained, did not undermine the right to freedom of association, and was not detrimental to the best interests of the employees. The Commission also had to consider whether the agreement was consistent with the national minimum standards set out in the relevant modern awards.

In its decision, the Fair Work Commission found that the collective agreement was genuinely negotiated between the parties and did not undermine the right to freedom of association. The Commission also determined that the agreement did not contravene the national minimum standards and was in the best interests of the employees. The court took into account the specific circumstances of the industry and the bargaining positions of the parties. Ultimately, the Fair Work Commission approved the collective agreement, finding it to be fair and reasonable.

The Fair Work Commission's decision was to approve the collective agreement between Classic Tiles Projects Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period from 2014 to 2017. The Commission's approval was based on the finding that the agreement met all statutory requirements for approval and was fair and reasonable for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established