Construction, Forestry, Mining and Energy Union

[2014] FWCA 2237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/583)

COMMERCIAL & RESIDENTIAL CERAMICS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 7 APRIL 2014

Application for approval of the Commercial & Residential Ceramics Pty Ltd/CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Commercial & Residential Ceramics Pty Ltd/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (CFMEU), being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 14 April 2014. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Commercial & Residential Ceramics Pty Ltd. The CFMEU sought approval of a collective agreement between the two parties for the period 2013-2014. The dispute was heard in the Fair Work Commission, an Australian workplace relations tribunal. The central issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained terms that were fair and reasonable.

The Commission considered the principles of good faith bargaining and the content of the agreement in assessing compliance. Good faith bargaining involves parties negotiating in a manner that is honest and without deception. The Commission examined whether there was any evidence of bad faith or coercion during the negotiation process. The content of the agreement was also scrutinised to ensure it contained fair and reasonable terms that were not detrimental to the employees or the employer. The Commission took into account the nature of the industry, the economic conditions, and the parties' respective positions in making its assessment.

After reviewing the evidence and arguments presented, the Commission found that the collective agreement was made in good faith and contained fair and reasonable terms. The Commission noted that both parties had engaged in negotiations in an honest and transparent manner, without any evidence of coercion or bad faith. The terms of the agreement were deemed to be reasonable and balanced, taking into account the specific circumstances of the industry and the parties' respective positions. Therefore, the Commission approved the collective agreement as compliant with the Fair Work Act 2009. This decision provided clarity and legal certainty for both the CFMEU and Commercial & Residential Ceramics Pty Ltd regarding the terms of their industrial relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established