DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4306)

LAMIO MASONRY SERVICES (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 MARCH 2021

Application for variation of the Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement).The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022with the following:

Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 26 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application for variation of the Lamio Masonry Services (NSW) Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Collective Agreement 2019-2022. The dispute revolves around changes to the existing agreement, which governs the terms and conditions of employment for employees of Lamio Masonry Services (NSW) Pty Ltd. The Fair Work Commission was tasked with determining whether the proposed variations to the agreement were fair and reasonable, and whether they met the criteria for a protected action under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the proposed variations to the agreement were procedurally and substantively fair. The Commission needed to consider whether the process followed in reaching the proposed agreement was fair and whether the terms of the agreement itself were fair and reasonable. The Commission also had to determine whether the variations were necessary to achieve a better outcome for the employees and whether the variations were in the best interests of the employees and the employer.

The Commission found that the proposed variations to the agreement were fair and reasonable. The Commission noted that the process followed in reaching the proposed agreement was fair and that the terms of the agreement were negotiated in good faith. The Commission also found that the variations were necessary to achieve a better outcome for the employees and were in the best interests of both the employees and the employer. The Commission was satisfied that the variations met the criteria for a protected action under the Fair Work Act 2009, and therefore, the application for variation was approved.

The Fair Work Commission approved the application for variation of the Lamio Masonry Services (NSW) Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Collective Agreement 2019-2022. The variations to the agreement were deemed to be fair and reasonable, and the process followed in reaching the proposed agreement was found to be fair. The Commission was satisfied that the variations were necessary to achieve a better outcome for the employees and were in the best interests of both the employees and the employer. The variations to the agreement were therefore approved, and the new agreement will govern the terms and conditions of employment for employees of Lamio Masonry Services (NSW) Pty Ltd.

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