DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2609)

ASPEC MASONRY SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 SEPTEMBER 2020

Application for approval of the ASPEC Masonry Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the ASPEC Masonry Services 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 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, 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 21 September 2020. 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 the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ASPEC Masonry Services Pty Ltd. The dispute centred around the approval of a proposed collective agreement between the two parties for the period 2019-2022. The application for approval was brought before the Commission under the Fair Work Act 2009, with a need to determine whether the agreement was in the best interests of the employees and complied with relevant legislative requirements.

The primary legal issues before the Commission included whether the proposed agreement contained provisions that were contrary to public policy, whether it unfairly disadvantaged employees, and whether it complied with the Fair Work Act's good faith bargaining provisions. Additionally, the Commission had to assess whether the agreement met the requirements for a modern award, including any relevant minimum entitlements and conditions.

The Commission found that the proposed agreement was in the best interests of the employees, as it provided for a fair and balanced distribution of benefits and obligations. The agreement was deemed to comply with the good faith bargaining requirements, as both parties had engaged in genuine and meaningful negotiations. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy and did not unfairly disadvantage employees. Furthermore, the agreement was found to meet the requirements for a modern award, with appropriate minimum entitlements and conditions included.

As a result, the Fair Work Commission approved the ASPEC Masonry Services Pty Ltd / CFMEU Collective Agreement 2019-2022, recognising it as a genuine and fair agreement between the parties. The approval was granted subject to the agreement being registered with the Fair Work Commission and becoming effective from the date of registration.

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