Construction, Forestry, Mining and Energy Union

[2013] FWCA 3626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6668)

MDS TILING PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 5 JUNE 2013

Application for approval of the MDS Tiling Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the MDS Tiling Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between MDS Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought under the Fair Work Act 2009, and the court was tasked with determining whether the agreement met the necessary criteria for approval. The application was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the collective agreement was a "modern award" within the meaning of the Fair Work Act. The court had to consider whether the agreement was consistent with the relevant provisions of the Act and whether it complied with the statutory requirements for modern awards. Additionally, the court needed to assess whether the agreement was appropriate and fair, taking into account the interests of both the employer and the employees.

In delivering its judgment, the court examined the terms of the collective agreement in detail. The court found that the agreement was consistent with the provisions of the Fair Work Act and met the criteria for a modern award. The court also considered the impact of the agreement on the parties involved and concluded that it was appropriate and fair. The court approved the collective agreement, finding that it complied with all necessary legal requirements and was in the best interests of both the employer and the employees.

The final orders of the court were that the MDS Tiling Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016 be approved as a modern award under the Fair Work Act 2009. The court's decision provided clarity and certainty for both the parties involved and ensured that the agreement would be enforceable under the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established