DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7073)

QUEENSLAND COMMERCIAL FLOORING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Queensland Commercial Flooring Pty Ltd and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of a greenfields agreement known as the Queensland Commercial Flooring Pty Ltd and CFMEU Union Collective Agreement 2014-2018 (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 2 December 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Queensland Commercial Flooring Pty Ltd (QCF). The CFMEU sought approval for the agreement as a certified agreement, which would mean it would have the force of a registered agreement and be enforceable. QCF opposed the application, arguing that the agreement contained provisions that were not reasonably necessary to protect the employees’ workplace rights and interests.

The primary legal issue before the Commission was whether the provisions of the agreement were reasonably necessary to protect the employees’ workplace rights and interests. This involved assessing whether the provisions in question were relevant to the employees’ employment conditions, and whether they were necessary to protect the employees’ rights and interests in their employment. The Commission had to consider the provisions of the Fair Work Act and the Fair Work Regulations, as well as relevant case law.

The Commission found that the provisions in question were not reasonably necessary to protect the employees’ workplace rights and interests. The Commission held that the provisions did not relate to the employees’ employment conditions, and were therefore not necessary to protect the employees’ rights and interests in their employment. The Commission also found that the provisions were not reasonably necessary to give effect to a genuine agreement between the parties. The Commission did not approve the agreement as a certified agreement, but did approve it as a registered agreement.

The Commission ordered that the agreement be registered as a registered agreement, but not as a certified agreement. The parties were ordered to take all necessary steps to give effect to the agreement, and the CFMEU was ordered to pay QCF’s costs of the application.

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