DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4537)

DE FAZIO COMMERCIAL PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STONEMASONS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 APRIL 2021

Application for approval of the De Fazio Commercial Projects Pty Ltd 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 an application for approval of an enterprise agreement known as the De Fazio Commercial Projects Pty Ltd 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. 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[2] The Agreement was approved on 14 April 2021 and, in accordance with s 54, will operate from 21 April 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 by De Fazio Commercial Projects Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) to approve a Subcontractors Stonemasons Enterprise Agreement 2020-2023. The agreement sought to establish the terms and conditions of employment for stonemasons working on projects undertaken by De Fazio Commercial Projects. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandated terms and conditions as outlined in the Fair Work Act 2009, and if it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. The Commission had to assess the fairness of the agreement, considering the impact on the employees, the parties' bargaining power, and the broader economic context. Additionally, the Commission needed to determine if the agreement met the genuine agreement requirement and if it was free from any unlawful content.

In reaching its decision, the Commission examined the terms and conditions of the proposed agreement in detail, considering the submissions from both De Fazio Commercial Projects and the CFMEU. The Commission found that the agreement contained all the mandated terms and conditions as required by the Fair Work Act 2009, and it met the genuine agreement requirement. The Commission also concluded that the agreement was free from any unlawful content and was fair and reasonable in all its aspects. As such, the Commission approved the De Fazio Commercial Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023.

The final orders of the Fair Work Commission included the approval of the De Fazio Commercial Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement, effective from 1 January 2020 until 31 December 2023. The Commission's decision was based on the conclusion that the agreement met the necessary criteria for approval under the Fair Work Act 2009 and was fair and reasonable in all its aspects.

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