DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7770)

TERRAZZO (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 DECEMBER 2016

Application for approval of the Terrazzo (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a greenfields agreement known as the Terrazzo (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 January 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 matter before the Fair Work Commission involved an application for approval of a collective agreement between the Terrazzo (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The union sought to have the agreement, which covered the period from 2015 to 2019, formally approved by the Commission. This approval process is crucial as it ensures the agreement complies with relevant labour laws and provides a legally binding framework for the terms of employment for the workers involved.

The legal issues that the Commission had to address included whether the collective agreement was made in good faith, whether it provided for the protection of employees’ rights and interests, and whether it adhered to the provisions of the Fair Work Act 2009. The Commission also had to determine if the agreement met the requirements for being a protected action under the Act, ensuring that it was not contrary to public interest or the principles of the Fair Work system.

The Fair Work Commission evaluated the collective agreement thoroughly, considering the submissions from both parties and the broader implications for industrial relations. The Commission found that the agreement was made in good faith, protected the rights and interests of employees, and complied with the Fair Work Act. The Commission approved the agreement, recognising it as a fair and reasonable set of terms that would govern the employment conditions for the workers involved. This decision provided certainty and stability for both the employer and the employees, ensuring that the agreement would be legally enforceable and beneficial for all parties.

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