Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9122

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11475)

TIC TACTILE TOE PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 20 NOVEMBER 2013

Application for approval of the Tic Tactile Toe Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Tic Tactile Toe Pty Ltd and the CFMEU Building and Construction Industry 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 27 November 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 involved an application for the approval of the Tic Tactile Toe Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose between Tic Tactile Toe Pty Ltd, represented by its director, and the Construction, Forestry, Mining and Energy Union (CFMEU), as the registered trade union. The application was made to the Fair Work Commission under section 233 of the Fair Work Act 2009. The primary issue before the court was whether the agreement met the statutory requirements for approval and registration, particularly focusing on whether the agreement complied with the provisions of the Fair Work Act.

The court examined whether the agreement had been fairly made, as mandated by the Act, and if it adhered to the formal requirements for registration. Key considerations included whether the union had genuinely negotiated the agreement, if the agreement contained the mandatory terms and conditions as prescribed by the Act, and if the agreement was free from any illegality or procedural defects. The court also needed to determine if the agreement was in the best interests of the employees covered by it.

The court found that the agreement was fairly made and met all the statutory requirements for approval. It confirmed that the union had genuinely negotiated the agreement, and that it contained all the mandatory terms and conditions as required by the Fair Work Act. The court also concluded that the agreement was free from any illegality or procedural defects and was in the best interests of the employees. Based on these findings, the court approved and registered the enterprise agreement, thereby resolving the dispute in favour of the union and the company.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established