DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4801)

OCTEROS STONE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 MAY 2021

Application for approval of the Octeros Stone Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Octeros Stone Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Octeros Stone Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2020-2022. The Union sought approval of the agreement under section 235 of the Fair Work Act 2009, which allows for the registration of agreements that provide for terms and conditions of employment or other matters that are not prohibited by the Act.

The key legal issue before the Commission was whether the terms of the proposed agreement were consistent with the provisions of the Fair Work Act, including whether the agreement provided for the minimum entitlements of employees and whether it contained any provisions that were contrary to the public interest. The Union argued that the agreement was fair and reasonable, while Octeros Stone Pty Ltd raised concerns about certain provisions relating to shift patterns and overtime.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement was consistent with the Fair Work Act and did not contain any terms that were contrary to the public interest. The Commission noted that the agreement provided for minimum entitlements and contained provisions that were consistent with industry standards. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The Commission approved the Octeros Stone Pty Ltd and CFMEU Union Collective Agreement 2020-2022, subject to certain modifications to ensure that it complied with the requirements of the Fair Work Act. The modifications included clarifying certain provisions relating to shift patterns and overtime, as well as ensuring that the agreement provided for a fair and reasonable process for resolving disputes. The Commission noted that the modifications were minor and did not significantly alter the terms of the agreement.

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