Construction, Forestry, Mining and Energy Union

[2013] FWCA 7304

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9486)

ABSOLUTE TILING SOLUTIONS PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Absolute Tiling Solutions 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 Absolute Tiling Solutions 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 30 September 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 Construction, Forestry, Mining and Energy Union, acting on behalf of certain employees, sought approval of the Absolute Tiling Solutions Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015 from the Fair Work Commission. Absolute Tiling Solutions Pty Ltd contested the application, arguing that the agreement was not in the best interests of the employees. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of section 234 of the Fair Work Act. This section mandates that an enterprise agreement be in the best interests of the employees it covers and be free from provisions that are not reasonably necessary to give effect to the agreement’s purposes. The Commission also needed to consider whether the agreement appropriately balanced the interests of the employees with those of the employer.

In reaching its decision, the Commission examined the terms of the agreement, particularly those related to wages, hours of work, and other conditions of employment. It also assessed whether the agreement included appropriate dispute resolution mechanisms and whether it provided adequate protection for employees' rights. The Commission concluded that the agreement met the statutory criteria, as it provided fair and reasonable terms for the employees while also considering the commercial viability of the employer. The Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the legislative requirements.

The Fair Work Commission approved the Absolute Tiling Solutions Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015. The Commission ordered that the agreement be registered and become a legally binding enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established