Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1859

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5746)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MARCH 2013

Application for approval of the BN Tiling 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 BN Tiling 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 3 April 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 involved an application for the approval of the BN Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union Tilelayers Enterprise Agreement 2011-2015. The application was before the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the court had to consider if the agreement was made in good faith and if it contained the minimum terms and conditions required by the Act.

The legal issues before the court were whether the agreement was genuinely negotiated and if it contained the minimum terms and conditions mandated by the Fair Work Act. Additionally, the court needed to determine if the agreement adhered to procedural fairness and was not materially defective. The court was required to weigh the evidence presented by the parties and apply the relevant statutory provisions to ascertain if the agreement was fit for approval.

In delivering its decision, the Fair Work Commission found that the agreement was genuinely negotiated and did not contain any procedural defects. The Commission determined that the agreement was made in good faith and contained all the minimum terms and conditions required by the Fair Work Act. The court was satisfied that the agreement was fair and reasonable, and it did not contain any provisions that were detrimental to the employees. Based on these findings, the Commission approved the enterprise agreement.

The final order of the court was that the BN Tiling Pty Ltd and the Construction, Forestry, Mining and Energy Union Tilelayers Enterprise Agreement 2011-2015 be approved. The agreement was to be registered with the Fair Work Commission, and it would have legal effect from the date of approval. The decision was made in accordance with the provisions of the Fair Work Act, and the court was satisfied that the agreement met all the necessary requirements for approval.

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