DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2791)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 SEPTEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Lamio Masonry Services (NSW) Pty Ltd / 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 October 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022. The parties involved were the employer, Lamio Masonry Services (NSW) Pty Ltd, and the union, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in the interests of the employees and whether it complied with the relevant provisions of the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it contained terms that were not contrary to public interest, and whether it met the requirements for being a single, integrated agreement. The Commission also needed to consider if the agreement provided appropriate protections for employees and whether it was consistent with the principles of enterprise bargaining. Additionally, the Commission examined if the agreement was in line with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

In its decision, the Commission found that the Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 was genuinely negotiated and met the criteria for approval. The Commission was satisfied that the agreement contained terms that were not contrary to the public interest and was consistent with the principles of enterprise bargaining. It determined that the agreement provided appropriate protections for employees and complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission also noted that the agreement was in line with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission approved the Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to certain conditions. The Commission made orders to ensure the agreement would be implemented in a fair and reasonable manner, and it required the parties to provide a report on the implementation of the agreement within six months of its approval. The Commission also ordered that the agreement would be reviewed in two years to assess its ongoing effectiveness and compliance with the Fair Work Act 2009.

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