Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/572)

Pro Stone Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MARCH 2022

Application for approval of the Pro Stone Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Pro Stone Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

The Agreement was approved on 11 March 2022 and, in accordance with s 54, will operate from 18 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval for the Pro Stone Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023. The respondent, Pro Stone Commercial Pty Ltd, opposed the approval of the agreement. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly section 232, which requires the Fair Work Commission to approve an enterprise agreement if it meets certain criteria, including the absence of prohibited content and compliance with procedural requirements. The respondent argued that the agreement contained terms that were not in accordance with the Fair Work Act, specifically in relation to the agreement's coverage and procedural fairness during its negotiation.

The Commission found that the agreement did not contain any prohibited content and that it had been negotiated in good faith. The Commission held that the agreement was procedurally sound and that it met all the necessary requirements for approval. The Commission also dismissed the respondent's claims that the agreement was not in accordance with the Fair Work Act, finding that the agreement's terms were fair and reasonable and did not contravene any provisions of the Act.

Accordingly, the Commission approved the Pro Stone Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023. The agreement was approved as a registered agreement, effective from the date of the decision. The respondent's application for review of the decision was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established