DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5963)

OCTEROS STONE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STONEMASONS ENTERPRISE AGREEMENT 2020-2023

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 13 JULY 2021

Application for approval of the OCTEROS STONE 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 OCTEROS STONE 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 20 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a Subcontractors Stonemasons Enterprise Agreement 2020-2023 between OCTEROS STONE PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The applicant, OCTEROS STONE PTY LTD, sought to have the proposed agreement, which detailed terms and conditions of employment for stonemasons working on their projects, recognised as a lawful and binding enterprise agreement under the Fair Work Act 2009. The CFMEU, as the representative of the employees, contested certain aspects of the agreement, raising concerns about its fairness and compliance with statutory requirements.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act, including the need for genuine bargaining and the provision of a protected action immunity certificate. The Commission also needed to determine if the agreement was procedurally sound, considering the parties' engagement in good faith negotiations and whether it met the standards of procedural fairness. Moreover, the Commission had to assess the fairness of the agreement's terms and conditions, ensuring they were not overly disadvantageous to the employees.

The Fair Work Commission found that the agreement was the product of genuine bargaining between the parties and was procedurally sound. The Commission was satisfied that OCTEROS STONE PTY LTD and the CFMEU had engaged in negotiations in good faith, and the agreement had been properly executed. The Commission also determined that the agreement met all the formal requirements under the Fair Work Act, including the provision of a protected action immunity certificate. The terms of the agreement were deemed to be fair and reasonable, taking into account the nature of the industry, the parties' bargaining positions, and the broader economic context. Consequently, the Commission approved the Subcontractors Stonemasons Enterprise Agreement 2020-2023.

As a result of the Commission's decision, the Subcontractors Stonemasons Enterprise Agreement 2020-2023 was approved and registered as a lawful and binding enterprise agreement. The agreement now governs the employment terms and conditions of stonemasons working for OCTEROS STONE PTY LTD, providing a framework for fair and equitable workplace practices in the stonemasonry industry.

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