Construction, Forestry, Mining and Energy Union

[2013] FWCA 9977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11981)

MILES BUILDING SERVICES AUSTRALIA PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Miles Building Services Australia 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 Miles Building Services Australia 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 26 December 2013. 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 case before the Fair Work Commission involved an application for the approval of the Miles Building Services Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Tilelayers Enterprise Agreement 2011-2015. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement had been entered into between the employer and the union, with the union representing the employees in the tilelaying industry. The employer sought approval for the agreement, which outlined terms and conditions of employment for the employees, including wages, hours of work, and other employment-related matters.

The legal issues before the Fair Work Commission included whether the agreement complied with the procedural requirements for the negotiation and agreement of the terms and conditions of employment, and whether it met the substantive requirements for approval, such as providing for the safety, health and welfare of employees, and ensuring that the agreement was not detrimental to the national economy. The Commission had to determine if the agreement was a good faith bargain, and if it contained any terms that were not genuinely negotiated or were otherwise unlawful.

The Fair Work Commission found that the agreement met the procedural requirements for negotiation and agreement, and that it contained provisions that were a genuine bargain between the parties. The Commission also found that the agreement did not contain any terms that were not genuinely negotiated or were otherwise unlawful. The Commission considered the agreement to be in the best interests of the employees and did not consider it to be detrimental to the national economy. The Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act 2009. The Commission made an order approving the agreement, which came into effect on the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established