Construction, Forestry, Mining and Energy Union

[2013] FWCA 1724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/574)

MODERN COMMERCIAL FLOOR COVERING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2012-2016

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 20 MARCH 2013

Application for approval of the Modern Commercial Floor Covering Pty Ltd and CFMEU Union Collective Agreement 2012-2016 .

[1] An application has been made for approval of an enterprise agreement known as the Modern Commercial Floor Covering Pty Ltd and CFMEU Union Collective Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The agreement is a single-enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 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 the Construction, Forestry, Mining and Energy Union (CFMEU) and Modern Commercial Floor Covering Pty Ltd, concerning the approval of a collective agreement for the period 2012-2016. The dispute was adjudicated in a relevant Australian tribunal. The primary issue at hand was whether the collective agreement, which had been negotiated between the CFMEU and the employer, complied with the applicable industrial laws and whether it should be approved for implementation. The court had to assess the fairness, reasonableness, and compliance of the agreement with the relevant legislative frameworks.

The court examined several legal aspects of the collective agreement, including whether it adhered to the requirements set out in the Fair Work Act and the Fair Work Regulations. It evaluated whether the agreement contained terms and conditions that were not less favourable than the relevant award or safety net award, and whether it included any terms that might be considered discriminatory or contrary to public policy. The court also considered whether the agreement was genuinely negotiated and whether it was in the best interest of the employees covered by it.

In its decision, the court found that the collective agreement met the necessary criteria for approval. The agreement was deemed to be fair and reasonable, compliant with the relevant industrial laws, and genuinely negotiated. The court concluded that the terms and conditions of the agreement were not less favourable than those provided by the relevant award or safety net award. Additionally, the court found that the agreement did not contain any terms that were discriminatory or contrary to public policy. Based on these findings, the court approved the collective agreement for implementation.

The tribunal ordered that the collective agreement be approved and registered, effective from the date of the decision. The decision was communicated to both parties, and the agreement was to be implemented as per its terms. The court's approval signified that the agreement could now be used as a basis for employment conditions for the employees covered by it, providing clarity and legal certainty for both the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established