Construction, Forestry, Mining and Energy Union

[2014] FWCA 5878

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7010)

JP & MC TILING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 28 AUGUST 2014

Application for approval of the JP & MC Tiling Pty Ltd/CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the JP & MC Tiling 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 Construction, Forestry, Mining and Energy Union (CFMEU) (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 CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 case before the Fair Work Commission involved an application for approval of a collective agreement between JP & MC Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The applicant, the CFMEU, sought approval of the agreement under section 233 of the Fair Work Act 2009. The respondent, JP & MC Tiling Pty Ltd, did not oppose the approval but raised concerns about the potential impact of certain provisions on its business operations. The Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue was whether the collective agreement met the requirements set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement was a "good faith" agreement, which is a prerequisite for approval. The Commission also needed to consider whether the agreement included unfair provisions that would render it invalid. The CFMEU argued that the agreement was a genuine collective bargaining outcome and did not contain any unfair terms. Conversely, JP & MC Tiling Pty Ltd did not contest the agreement but raised concerns about certain provisions potentially impacting their business.

In examining the agreement, the Commission considered the principles of good faith bargaining and the purpose of the Fair Work Act, which is to create a balanced framework for industrial relations. The Commission found that the agreement was the product of genuine negotiations between the parties and was not unfair or contrary to public interest. The contested provisions were analysed in detail, and the Commission concluded that they did not unduly burden the employer's operations or contravene any legal principles. The Commission approved the agreement, emphasising the importance of maintaining a fair and balanced approach to industrial relations.

The Fair Work Commission approved the JP & MC Tiling Pty Ltd/CFMEU Collective Agreement 2014-2017, confirming that it met the necessary criteria for approval under the Fair Work Act. The Commission's decision highlighted the importance of genuine collective bargaining and the need to ensure that agreements do not unfairly impact business operations. The approval of the agreement was seen as a positive outcome for both parties, promoting a balanced approach to industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established