DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3135)

CONRINA MASONRY PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 OCTOBER 2020

Application for approval of the Conrina Masonry Pty. Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Conrina Masonry Pty. Limited / CFMEU Collective Agreement 2019-2022 (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 5 November 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Conrina Masonry Pty. Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the collective agreement which was to govern the employment conditions for workers in the masonry industry for the period 2019 to 2022. The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the agreement was consistent with the principles of the Fair Work system.

The Commission examined the application to determine if the agreement provided for the terms and conditions of employment in a manner that was consistent with the overarching principles of the Fair Work Act, including fairness and efficiency in the workplace. Key issues included whether the agreement provided adequate protections for employees, whether it was the product of genuine bargaining, and whether it complied with the relevant statutory requirements. The Commission also considered whether the agreement was in the best interests of the employees covered by it.

After careful consideration, the Commission found that the agreement met the statutory requirements for approval and was consistent with the principles of the Fair Work system. The Commission noted that the agreement contained provisions that were fair and reasonable, provided adequate protections for employees, and were the product of genuine bargaining. The Commission concluded that the agreement was in the best interests of the employees covered by it. The application for approval of the collective agreement was subsequently approved.

The Fair Work Commission approved the Conrina Masonry Pty. Limited / CFMEU Collective Agreement 2019-2022, determining that it met the statutory requirements and was consistent with the principles of the Fair Work system. The Commission's decision highlighted the importance of ensuring that collective agreements provide fair and reasonable terms and conditions of employment, and that they are the product of genuine bargaining. The approval of the agreement is expected to provide a stable and predictable employment environment for workers in the masonry industry for the coming years.

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