Construction, Forestry, Mining and Energy Union

[2013] FWCA 5627

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7996)

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

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 14 AUGUST 2013

Application for approval of the Express Tiling and Stonecraft 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 Express Tiling and Stonecraft 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 21 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Express Tiling and Stonecraft Pty Ltd and the Construction, Forestry, Mining and Energy Union Tilelayers Enterprise Agreement 2011-2015. The dispute arose from the negotiation of the agreement between Express Tiling and Stonecraft Pty Ltd and the union, which sought to establish terms and conditions of employment for employees within the specified industry. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues that the Commission had to address included whether the agreement was made in good faith, whether it contained the required minimum terms as stipulated by the Fair Work Act, and whether the agreement adhered to the provisions of the Act concerning the avoidance of industrial action. Additionally, the Commission needed to ascertain whether the agreement was free from any unlawful content and whether it complied with the procedural requirements for approval.

In its decision, the Commission found that the agreement had been made in good faith and contained all the mandated minimum terms. It was determined that the agreement was free from any unlawful content and complied with all procedural requirements for approval. The Commission also noted that the agreement effectively avoided any potential industrial action by establishing clear terms and conditions for the employees. Consequently, the Commission approved the agreement, acknowledging its alignment with the legislative framework and its potential to foster a stable industrial relationship between the employer and the union.

As a result of the Commission's findings, the Express Tiling and Stonecraft Pty Ltd and the Construction, Forestry, Mining and Energy Union Tilelayers Enterprise Agreement 2011-2015 was approved, effective from the date of the decision. This approval ensures that the terms and conditions set forth in the agreement will govern the employment relationship between the parties for the duration specified, providing a legally binding framework that both parties must adhere to.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established