Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6010

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7014)

ABSOLUTE TILING SOLUTIONS NSW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 1 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Absolute Tiling Solutions NSW 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 Absolute Tiling Solutions NSW Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on the terms of employment and conditions as outlined in the proposed collective agreement for the period of 2014 to 2017. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements set forth under the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the proposed agreement were consistent with the provisions of the Fair Work Act, including whether they met the minimum entitlements as outlined in the relevant awards and the Fair Work Act itself. Additionally, the Commission had to assess if the agreement provided for fair and reasonable terms that were not contrary to public policy.

In its decision, the Commission found that the agreement largely complied with the requirements of the Fair Work Act. The Commission noted that while some provisions of the agreement did not align perfectly with the minimum entitlements provided in the relevant awards, they were not considered to be contrary to public policy or unfair. The Commission also found that the agreement included provisions that were fair and reasonable, taking into account the specific circumstances of the parties involved. As a result, the Commission approved the collective agreement, subject to certain modifications to ensure compliance with minimum award entitlements.

The Fair Work Commission approved the Absolute Tiling Solutions NSW Pty Ltd/CFMEU Collective Agreement 2014-2017, with specified modifications to align with minimum award entitlements. The decision highlights the importance of ensuring that collective agreements not only meet the statutory requirements but also provide fair and reasonable terms for both employers and employees.

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