Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 844

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4778)

TANGEN NOMINEES PTY LTD T/AS TSG TILING SERVICES AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 FEBRUARY 2013

Application for approval of the Tangen Nominees Pty Ltd T/As TSG Tiling Services and the CFMEU Tilelayers Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Tangen Nominees Pty Ltd T/As TSG Tiling Services 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 13 February 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 Tangen Nominees Pty Ltd T/As TSG Tiling Services and the Construction, Forestry, Mining and Energy Union Tilelayers Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the union and employer sought to have the agreement recognised and enforced as a registered agreement, necessitating its approval by the Commission.

The primary legal issues before the Commission were whether the agreement satisfied the procedural and substantive requirements for approval as outlined in the Fair Work Act. Procedurally, the court examined whether the agreement was the product of genuine and voluntary negotiations between the parties and whether the union had the necessary authorisation to negotiate on behalf of its members. Substantively, the court assessed whether the agreement contained terms and conditions that complied with the Fair Work Act, including provisions on minimum wages, penalty rates, and other employment standards.

The Fair Work Commission found that the agreement was the result of genuine and voluntary negotiations, and that the union had the necessary authorisation to negotiate on behalf of its members. The Commission also determined that the agreement contained terms and conditions that complied with the Fair Work Act. Consequently, the application for approval was granted, and the agreement was registered. The Commission's decision was grounded in its assessment of the evidence presented, which demonstrated that the agreement met all necessary statutory 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