Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5331

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1835)

NASH TILES CORPORATION PTY LTD/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 AUGUST 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Nash Tiles Corporation 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] 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 was an application for the approval of a collective agreement between Nash Tiles Corporation Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2014-2017. The agreement was submitted for approval as a Green Fields agreement, which is a new agreement entered into in good faith between parties with no previous collective agreement. The Commission was required to determine whether the agreement met the statutory criteria for approval, including whether it was in the best interests of the employees and the employer, and whether it was made in good faith.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval as a Green Fields agreement. This required the Commission to consider whether the agreement was made in good faith, whether it was in the best interests of the employees and the employer, and whether it complied with the other requirements of the Fair Work Act. The Commission also had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes between the parties.

The Commission found that the agreement met the statutory criteria for approval as a Green Fields agreement. The Commission was satisfied that the agreement was made in good faith, and that it was in the best interests of both the employees and the employer. The agreement provided for appropriate mechanisms for the resolution of disputes, including a dispute resolution procedure that complied with the Fair Work Act. The Commission also found that the agreement complied with the other requirements of the Act, including the requirement that it be in writing and that it be approved by a majority of the employees. As a result, the Commission approved the agreement.

The Commission made an order approving the Nash Tiles Corporation Pty Ltd/CFMEU Collective Agreement 2014-2017 as a Green Fields agreement. The order was made under section 234 of the Fair Work Act.

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