Construction, Forestry, Mining and Energy Union

[2013] FWCA 1647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5532)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 MARCH 2013

Application for approval of the Tetris 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 Tetris 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 25 March 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

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the 2011-2015 Enterprise Agreement with Tetris Tiling Pty Ltd. The dispute involved the terms of the proposed agreement, which the applicant union had negotiated on behalf of its members, and the respondent company, which sought to challenge the fairness of the agreement under the Fair Work Act 2009.

The legal issues that the Commission was required to address included whether the agreement met the formal requirements for registration under the Act, such as whether it was made in good faith and whether it provided for the proper process of employee consultation. Additionally, the Commission needed to determine if the agreement was procedurally fair, taking into account the parties' bargaining conduct, and substantively fair, ensuring it did not undermine the protective aspects of the safety net of minimum entitlements.

The Fair Work Commission found that the agreement satisfied the formal requirements for approval and that the bargaining process was conducted in good faith. The Commission concluded that the agreement was procedurally fair, as it involved genuine negotiation and consultation between the parties. In terms of substantive fairness, the Commission held that the agreement did not disadvantage employees and provided for appropriate safeguards and benefits, thereby meeting the safety net provisions of the Act. The application for approval of the Enterprise Agreement was subsequently approved by the Commission.

As a result of the Commission's decision, the 2011-2015 Enterprise Agreement between the CFMEU and Tetris Tiling Pty Ltd was approved and registered under the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for the relevant employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established