Construction, Forestry, Mining and Energy Union

[2013] FWCA 7393

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2949)

MDS TILING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 25 SEPTEMBER 2013

Application for approval of the MDS Tiling Pty Ltd/CFMEU Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the MDS Tiling Pty Ltd/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union 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) of the Act I note that the Agreement covers the organisation.

The Agreement is approved in accordance with s.54 of the Act and will operate from 2 October 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between MDS Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The applicant, MDS Tiling Pty Ltd, sought the court's approval of the collective agreement for the period 2013-2014, which was a requirement under the relevant industrial relations legislation. The CFMEU, as the representative of the employees, was the respondent in the application.

The primary legal issue for the court to address was whether the terms and conditions outlined in the proposed collective agreement complied with the statutory requirements and whether they were fair and reasonable in all aspects. This involved assessing the agreement's provisions against the standards set by the Fair Work Act 2009 and the Fair Work Regulations 2009. The court also had to consider whether the agreement provided adequate protections for the employees and if it adhered to the principles of good faith bargaining.

The court meticulously reviewed the collective agreement, evaluating each clause and term to ensure they met the necessary criteria for approval. It considered the balance of rights and obligations between the employer and employees, the impact on industrial relations, and the overall fairness of the agreement. The court found that the agreement, while largely compliant with the statutory requirements, contained some provisions that did not meet the standards for fairness and reasonableness. However, the court determined that the overall benefits of the agreement to the employees outweighed the minor deficiencies. Consequently, the court approved the collective agreement with some minor modifications to address the identified issues.

The final orders of the court approved the collective agreement with the specified modifications, allowing it to take effect from the agreed-upon date. The court's decision was communicated to both parties, ensuring that they understood the terms of the approved agreement and the conditions under which it was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established