DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6089)

PAZ NO. 10 PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STONEMASONS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 JULY 2021

Application for approval of the PAZ NO. 10 PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the PAZ NO. 10 PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023 (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, Maritime, 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.

[3] 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.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by PAZ NO. 10 PTY. LTD. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Stonemasons Branch for approval of their enterprise agreement. The dispute was heard by the Fair Work Commission (FWC). The primary legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the process by which it was negotiated and the protections it affords to employees.

The FWC examined the process by which the agreement was negotiated, including whether it was done in good faith and whether it adequately represented the interests of the employees. The Commission also considered whether the agreement met the statutory requirements for bargaining, such as the provision of necessary information and the opportunity for employees to be represented. Furthermore, the FWC assessed whether the agreement contained appropriate terms and conditions that are fair and reasonable in all respects.

Upon reviewing the evidence and submissions, the FWC determined that the agreement had been negotiated in good faith and met all statutory requirements. The Commission found that the agreement provided fair and reasonable terms and conditions for employees, and was thus compliant with the Act. The FWC approved the enterprise agreement, allowing it to come into effect from the specified date. This decision ensures that the terms of employment are legally sound and protect the rights of both employers and employees.

Construction, Forestry, Maritime, 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