Construction, Forestry and Maritime Employees Union

[2024] FWCA 1698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1427)

SET TILING AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027 (STONEMASONRY)

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 9 MAY 2024

Application for approval of the Set Tiling Australia Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (Stonemasonry).

An application has been made for approval of a greenfields agreement known as the Set Tiling Australia Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (Stonemasonry) (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

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 the Construction, Forestry and Maritime Employees Union is 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a collective agreement between the Set Tiling Australia Pty Ltd and the CFMEU, covering the period 2023 to 2027. The agreement pertained specifically to the stonemasonry industry. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining the agreement to ensure it complied with the legislative framework governing workplace agreements, including provisions on good faith bargaining, procedural fairness, and the protection of employees' rights. The Commission also had to determine if the agreement was made in good faith and if the process leading to the agreement was fair.

The Commission found that the agreement was consistent with the legislative requirements and was made in good faith. It determined that the process leading to the agreement was procedurally fair and that the agreement did not undermine the rights of employees. The CFMEU demonstrated that it had engaged in genuine negotiations with the employer and that the terms of the agreement were reasonable and appropriate for the industry. Consequently, the Commission approved the collective agreement.

In light of the findings, the Commission approved the Set Tiling Australia Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (Stonemasonry). This decision allows the agreement to come into effect, providing a framework for employment conditions within the stonemasonry industry for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established