Construction, Forestry, Mining and Energy Union

[2013] FWCA 3108

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/623)

TILECORP PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 23 MAY 2013

Application for approval of the Tilecorp Pty Ltd and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 March 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the Tilecorp Pty Ltd and CFMEU Union Collective Agreement 2011-2015 (“the Agreement”).

[2] I wrote to the Applicant expressing my concern regarding a clause of the Agreement purporting to apply to and to cover employers other than the employer who provided a form F17 Employer’s Declaration. This matter raised concerns with regard to the operation of s. 172(2), s.172(5) and s.186(3) of the Fair Work Act 2009.

[3] A statutory declaration has subsequently been provided setting out steps take to amend the Agreement. The statutory declaration satisfies me the agreement has been amended in conformity with the requirements of the Act.

[4] 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.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Tilecorp Pty Ltd and CFMEU Union Collective Agreement 2011-2015, the Fair Work Commission (FWC) was tasked with determining the merits of the agreement. The applicant, the CFMEU, sought approval of the collective agreement which outlined the terms and conditions of employment for employees working in the tile manufacturing industry under Tilecorp Pty Ltd. The application was brought before the FWC, an independent statutory body responsible for overseeing and regulating workplace relations in Australia.

The central legal issues before the FWC were whether the collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to consider if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the need to maintain and enhance productivity, efficiency and profitability of employers, as well as the importance of maintaining and enhancing the health, safety and welfare of employees. Additionally, the FWC was required to assess whether the agreement complied with the good faith bargaining requirements and did not have an adverse effect on the operations of the employer.

In delivering its decision, the FWC acknowledged the importance of balancing the interests of both employers and employees. The FWC determined that the collective agreement met the criteria for approval. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the interests of both parties. The FWC also found that the agreement complied with the good faith bargaining requirements and did not have an adverse effect on the operations of the employer. The FWC approved the collective agreement, recognising its potential to foster harmonious industrial relations and contribute to the overall productivity and welfare of employees in the tile manufacturing industry.

The FWC's approval of the collective agreement signifies a positive outcome for the CFMEU and Tilecorp Pty Ltd, as it allows for the continuation of a negotiated framework governing the terms and conditions of employment. This decision demonstrates the FWC's commitment to facilitating fair and reasonable workplace agreements that balance the interests of both employers and employees, while also promoting productivity, efficiency, and the welfare of workers in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established