Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8614)

56 GILBERT ROAD PTY LTD T/AS OUTLOOK COMMERCIAL TILE & STONE 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 56 Gilbert Road Pty Ltd T/As Outlook Commercial Tile & Stone and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the 56 Gilbert Road Pty Ltd T/As Outlook Commercial Tile & Stone 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

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the CFMEU Tilelayers Enterprise Agreement 2011-2015, as entered into with 56 Gilbert Road Pty Ltd trading as Outlook Commercial Tile & Stone. The union sought the court's approval for the agreement under the Fair Work Act 2009, asserting that it met the requirements for registration, including being a genuine enterprise agreement. The employer, however, contested the application on various grounds, including that the agreement did not cover all employees and that it was not a genuine enterprise agreement as it did not facilitate the improvement of workplace relations.

The court was required to determine whether the agreement was a genuine enterprise agreement, as defined by the Fair Work Act, and whether it should be approved for registration. The key issues included whether the agreement had been made freely and fairly between the parties, whether it facilitated the improvement of workplace relations, and whether it had been properly negotiated and covered all employees within the scope of the agreement. Additionally, the court had to examine whether the agreement met the threshold of being a genuine enterprise agreement, as required by the Fair Work Act.

After considering the evidence and arguments presented by both parties, the court found that the agreement was a genuine enterprise agreement. The court was satisfied that the agreement had been made freely and fairly, that it facilitated the improvement of workplace relations, and that it had been properly negotiated. The court also determined that the agreement covered all employees within its scope and met the requirements of the Fair Work Act. Consequently, the court approved the agreement for registration.

The final orders of the court were that the CFMEU Tilelayers Enterprise Agreement 2011-2015, as entered into with 56 Gilbert Road Pty Ltd trading as Outlook Commercial Tile & Stone, was approved for registration under the Fair Work Act 2009. This decision affirmed the validity and enforceability of the agreement between the parties, providing a resolution to the dispute over the registration of the enterprise agreement.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established