Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4761

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6703)

SELF MM PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JULY 2014

Application for approval of the Self MM Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Self MM Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015 (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 (CFMEU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are 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, will operate from 23 July 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Self MM Pty Ltd, with the Federal Court being tasked with approving the Self MM Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015. The primary dispute centred around the validity and enforceability of the enterprise agreement between the parties. The CFMEU sought approval for the agreement, which outlined terms and conditions of employment for tile layers working for Self MM Pty Ltd.

The legal issues before the court were whether the enterprise agreement was genuinely a product of genuine bargaining and whether it complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been fairly negotiated and whether it included the necessary provisions to be considered a valid enterprise agreement. Additionally, the court had to assess whether the agreement met the criteria for "simple" enterprise agreements, which require fewer procedural steps to be approved.

The court considered the evidence presented regarding the negotiation process and concluded that the agreement had indeed been genuinely bargained. It found that the process adhered to the legal requirements and that the agreement contained all necessary provisions. The court was satisfied that the agreement was a bona fide attempt to regulate the relationship between the employer and the employees, and it met the criteria for a "simple" enterprise agreement. Consequently, the court approved the Self MM Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015, confirming its enforceability under the Fair Work Act 2009.

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