Peter Johnson Tiling Pty Ltd & Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 2627

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/909)
PETER JOHNSON TILING PTY. LTD. AND CFMEU UNION
COLLECTIVE AGREEMENT 2015 - 2019
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2016

Application for approval of the Peter Johnson Tiling Pty. Ltd. and CFMEU Union Collective

Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Peter Johnson Tiling 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 the 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[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.
[2016] FWCA 2627

[4] The Agreement was approved on 26 April 2016 and, in accordance with s.54, will

operate from 3 May 2016. 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 involved an application by the Construction, Forestry, Mining and Energy Union to approve the Peter Johnson Tiling Pty. Ltd. and CFMEU Union Collective Agreement 2015-2019 (the Agreement) under Section 185 of the Fair Work Act 2009. This was a single enterprise agreement between Peter Johnson Tiling Pty Ltd and the Union, which was proposed to cover certain employees within the building, metal, and civil construction industries. The agreement was not intended to cover all employees of the employer but was deemed to have been fairly chosen, taking into account the relevant factors outlined in Sections 186(3) and (3A) of the Act.

The primary legal issues before the court were whether the Agreement met the requirements set forth in Sections 186, 187, and 188 of the Act and whether the Union, as a bargaining representative, had properly notified its intention for the Agreement to cover its members under Section 183 of the Act. The court needed to ensure that the Agreement was made in good faith and that it complied with the mandatory terms and conditions set out in the Fair Work Act.

In reaching its decision, the court found that the Agreement met the necessary requirements for approval under the Act. The court was satisfied that the group of employees chosen to be covered by the Agreement was fairly selected, and it confirmed that the Union had properly notified its intention for the Agreement to cover its members, as required by Section 183 of the Act. The court also noted that the Agreement covered the organisation as per Section 201(2) of the Act. Consequently, the court approved the Agreement on 26 April 2016, with the agreement set to operate from 3 May 2016 and expire on 2 July 2019.

Peter Johnson Tiling Pty Ltd & 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