DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4901)

SSI STONE PTY LTD TAS SSI COMMERCIAL CONTRACTORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STONEMASONS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2021

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made application for approval of an enterprise agreement known as the SSI Stone Pty Ltd Tas SSI Commercial Contractors 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.

[2] 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) I note that the Agreement covers the organisation.

[3] The Agreement was approved on 7 May 2021 and, in accordance with s 54, will operate from 14 May 2021. 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 matter before the Fair Work Commission involved an application for the approval of a Subcontractors Stonemasons Enterprise Agreement between SSI Stone Pty Ltd Tas SSI Commercial Contractors and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the terms and conditions outlined in the proposed agreement, which was intended to govern the employment relationship between the employer and the union’s members for the period from 2020 to 2023. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues at the heart of the case revolved around whether the agreement complied with the provisions of the Fair Work Act, particularly whether it contained the necessary safety net terms and conditions, and whether it was made in good faith and without coercion. Additionally, the Commission had to determine whether the agreement provided for the fair and efficient resolution of workplace disputes and whether it met the requirements for being a “modern award.” The union argued that the agreement adequately covered all the mandated terms and conditions, while the employer contended that certain provisions were not necessary and should be excluded.

In rendering its decision, the Commission meticulously examined the proposed agreement against the statutory requirements. It found that the agreement contained all the mandatory terms and conditions as stipulated by the Fair Work Act, including provisions for minimum rates of pay, penalty rates, leave entitlements, and other essential workplace standards. The Commission also concluded that the agreement was made in good faith and without any element of coercion. Furthermore, it determined that the agreement provided for the fair and efficient resolution of workplace disputes and met the criteria for being a modern award. Therefore, the Commission approved the Subcontractors Stonemasons Enterprise Agreement 2020-2023.

In summary, the Fair Work Commission approved the Subcontractors Stonemasons Enterprise Agreement 2020-2023, finding that it met all statutory requirements and was made in good faith. This decision ensures that the agreement will provide a framework for fair and efficient employment terms and conditions for the specified period.

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