Construction, Forestry, Mining and Energy Union

[2013] FWCA 6276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8686)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 AUGUST 2013

Application for approval of the Skill Tiling 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 Skill Tiling 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 6 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Skill Tiling Pty Ltd and the CFMEU Tilelayers Enterprise Agreement 2011-2015. The union argued that the agreement was made in good faith and was necessary to resolve an industrial dispute. The company contested the application, claiming that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues the commission had to address were whether the agreement was made in good faith and whether it was necessary to resolve an industrial dispute. The commission also needed to consider whether the agreement met the requirements of the Fair Work Act, particularly in relation to the bargaining process and the content of the agreement.

In its decision, the commission found that the agreement was made in good faith and was necessary to resolve an industrial dispute. The commission noted that the union and the company had engaged in a genuine and meaningful bargaining process, and that the agreement reflected the parties' efforts to reach a compromise. The commission also found that the agreement met the requirements of the Fair Work Act, including in relation to the bargaining process and the content of the agreement.

As a result, the commission approved the agreement, subject to certain conditions. The company was required to provide the union with certain information and to consult with the union on certain matters. The union was required to provide the company with certain information and to take certain steps to ensure that the agreement was implemented effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established