Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4837

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7427)

NU TECH TILING AUSTRALASIA PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 JULY 2013

Application for approval of the Nu Tech Tiling Australasia 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 Nu Tech Tiling Australasia 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 26 July 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 the Construction, Forestry, Mining and Energy Union (CFMEU) and Nu Tech Tiling Australasia Pty Ltd, with the dispute centering on the approval of the Tilelayers Enterprise Agreement 2011-2015. The Fair Work Commission was the tribunal that heard the application.

The central legal issue before the court was whether the enterprise agreement proposed by the CFMEU and Nu Tech Tiling Australasia Pty Ltd complied with the requirements set forth in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a "single interest" enterprise agreement, as well as whether it contained all the mandated terms and conditions, and if it had been fairly and properly negotiated.

The court examined the nature of the agreement and the process by which it was negotiated. It found that the agreement was indeed a "single interest" enterprise agreement, as it was made between an employer and employees who shared a common interest. The court also concluded that the agreement contained all the necessary terms and conditions as stipulated by the Fair Work Act. Additionally, the court determined that the agreement had been fairly and properly negotiated, with both parties demonstrating good faith and a willingness to reach a consensus. Based on these findings, the court approved the enterprise agreement.

The court ordered that the Tilelayers Enterprise Agreement 2011-2015 be approved and registered, with the terms and conditions specified in the agreement coming into effect as of the date of the court's decision.

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