DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5675)

BKS GROUP FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STONEMASONS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JUNE 2021

Application for approval of the BKS GROUP FAMILY TRUST 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 BKS GROUP FAMILY TRUST 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, on behalf of the BKS Group Family Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023, applied for approval of the agreement. The dispute centred around the terms and conditions of employment for stonemasons working under the agreement. The commission was tasked with ensuring the agreement met the necessary standards under the Fair Work Act 2009. The key legal issues included whether the agreement provided for the minimum entitlements, complied with the good faith bargaining requirements, and aligned with the Fair Work (Registered Organisations) Act 2009. The commission examined the provisions of the agreement to ascertain if it adhered to the legislative framework and maintained fairness for both the employees and employers.

The commission considered whether the agreement appropriately addressed the minimum entitlements required by the Fair Work Act, such as minimum wages, penalty rates, and leave provisions. It also assessed whether the agreement was the product of genuine negotiations and met the good faith bargaining standards. Furthermore, the commission evaluated if the agreement was consistent with the overarching principles of the Fair Work Act and the Registered Organisations Act. After a thorough analysis of the agreement's provisions and compliance with the relevant laws, the commission found that the agreement was fair and balanced, meeting all the statutory requirements.

Consequently, the Fair Work Commission approved the BKS Group Family Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023. This decision ensured that the agreement would govern the employment conditions of stonemasons in the specified industries, providing a framework for fair and equitable terms of employment. The approval signified the commission's satisfaction with the agreement's compliance with the statutory obligations and its alignment with the principles of good faith bargaining and fairness.

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