Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3242)

TILECORP PTY LTD (STONEMASONRY) AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 26 SEPTEMBER 2023

Application for approval of the Tilecorp Pty Ltd (Stonemasonry) and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Tilecorp Pty Ltd (Stonemasonry) and CFMEU Union Collective Agreement 2023–2027 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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 collective agreement between the Tilecorp Pty Ltd (Stonemasonry) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2023–2027. The dispute centred around the terms of the proposed agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the best interests of the employees and met all statutory requirements.

The legal issues that the Commission needed to address included whether the agreement complied with the good faith bargaining requirements, whether the terms and conditions of employment were fair and reasonable, and whether the agreement adhered to the Fair Work Act's provisions concerning minimum wages and conditions. Additionally, the Commission had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

After careful consideration of the arguments presented by both parties, the Commission found that the proposed agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission noted that the agreement had been negotiated in good faith and contained terms and conditions that were fair and reasonable. Furthermore, the agreement was consistent with the statutory minimum wages and conditions and complied with all relevant legislation. Consequently, the Commission approved the Tilecorp Pty Ltd (Stonemasonry) and CFMEU Union Collective Agreement 2023–2027.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established