DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1320)

ATF EXTON FAMILY TRUST T/A BRISBANE TILE & STONE SEALING SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 MAY 2017

Application for approval of the ATF Exton Family Trust T/A Brisbane Tile & Stone Sealing Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ATF Exton Family Trust T/A Brisbane Tile & Stone Sealing Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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] 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 Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 8 May 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of a collective agreement between the ATF Exton Family Trust, trading as Brisbane Tile & Stone Sealing Services Pty Ltd, and the union. The union sought to have the agreement recognised as a protected action agreement, which would exempt it from certain unfair dismissal provisions in the Fair Work Act 2009. The dispute centred on the terms of the collective agreement and whether they were consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The primary legal issues the Commission had to address were whether the collective agreement complied with the statutory requirements for protected action agreements, and whether the agreement was consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission had to consider whether the agreement contained terms that were appropriate for the industry and the workforce, and whether the agreement was negotiated in good faith. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was consistent with the public interest.

In making its decision, the Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement was consistent with the statutory requirements for protected action agreements and was negotiated in good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, and was consistent with the public interest. The Commission approved the agreement as a protected action agreement, and it came into effect on 1 July 2015.

The Fair Work Commission approved the collective agreement as a protected action agreement, effective from 1 July 2015. The agreement was found to be consistent with the statutory requirements for protected action agreements, was negotiated in good faith, and provided for fair and reasonable terms and conditions of employment. The approval of the agreement allows the parties to engage in protected action without the risk of unfair dismissal claims, subject to certain conditions and limitations.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established