DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1793)

SOUTHERN CROSS MASONRY CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 JULY 2020

Application for approval of the Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Masonry Contractors 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 13 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Southern Cross Masonry Contractors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The dispute arose from the union's request for the agreement to be made approved, which would provide it with a degree of legal enforceability and protect it from being undermined by individual agreements.

The primary legal issue before the Commission was whether the collective agreement complied with the legislative criteria for approval. These criteria included whether the agreement provided for minimum terms and conditions of employment, and whether it was free from any provisions that would undermine the operation of the Act or any other registered agreement. Additionally, the Commission needed to determine whether the agreement was made in good faith and whether it provided for appropriate dispute resolution mechanisms.

In reaching its decision, the Commission examined the provisions of the agreement and considered submissions from both parties. It found that the agreement met the statutory criteria for approval. The agreement provided for minimum terms and conditions of employment and did not contain any provisions that would undermine the operation of the Act or any other registered agreement. Furthermore, the Commission was satisfied that the agreement was made in good faith and provided for appropriate dispute resolution mechanisms. Consequently, the Commission approved the collective agreement, making it an approved agreement for the specified period.

The Commission's approval of the collective agreement provides a degree of legal enforceability and stability to the terms and conditions of employment for the employees covered by the agreement. It also ensures that the agreement is not undermined by individual agreements and provides a framework for resolving any disputes that may arise. The approval of the agreement is a significant outcome for both the union and the employer, as it provides a basis for industrial relations in the industry for the next three 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