Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 147

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14307)

STAR TILES PTY LTD AND THE CFMEU TILELAYERS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Star Tiles 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 Star Tiles 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 16 January 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Star Tiles Pty Ltd. The dispute centred around the application for approval of the Tilelayers Enterprise Agreement 2011-2015 between the two parties. This case was heard in the Fair Work Commission of Australia.

The primary legal issues that the court had to decide involved the fairness and compliance of the proposed agreement with the relevant industrial laws and standards. Specifically, the court had to determine whether the agreement met the requirements under the Fair Work Act 2009, including whether it provided for a safety net of minimum wages and conditions, and whether it had been genuinely bargained between the parties. Additionally, the court had to consider whether the agreement was in the best interests of the employees involved.

The court, in its decision, carefully examined the contents of the agreement and the evidence provided by both parties. It found that the agreement met the legal requirements and was genuinely bargained. The court considered the agreement to be fair and in the best interests of the employees. Consequently, the court approved the application for the agreement's registration, finding it to be compliant with the Fair Work Act 2009.

No additional orders were made beyond the approval of the agreement. The court's decision stands as a confirmation that the agreement between the CFMEU and Star Tiles Pty Ltd is legally binding and can be implemented as per its terms.

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