Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2846)

MILLSTONE (AUSTRALIA) PTY LTD T/AS MILLISTONE AUSTRALIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TILELAYERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 AUGUST 2023

Application for approval of the MILLISTONE (AUSTRALIA) PTY LTD T/As MILLISTONE AUSTRALIA and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MILLISTONE (AUSTRALIA) PTY LTD T/As MILLISTONE AUSTRALIA and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Millstone (Australia) Pty Ltd trading as Millstone Australia. The dispute centred around the approval of the Millstone Australia and CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission. The central legal issues that the Commission needed to resolve were whether the enterprise agreement complied with the relevant statutory provisions and whether it was made in good faith and with proper procedural steps. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and if it met the requirements of the Fair Work Act 2009.

The Commission examined the process through which the agreement was made, the terms of the agreement, and whether there were any breaches of the good faith bargaining obligations. The Commission considered submissions from both parties and any relevant evidence provided. The outcome hinged on whether the agreement was genuinely negotiated and if it provided fair and reasonable terms for the employees. Ultimately, the Commission found that the agreement met the necessary criteria for approval, including compliance with statutory requirements and adherence to good faith bargaining principles. The Commission determined that the agreement was fair and reasonable and in the best interests of the employees.

The Fair Work Commission approved the Millstone Australia and CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023, finding it to be in compliance with the relevant legislative framework and negotiated in good faith. The Commission's decision affirmed that the agreement provided fair and reasonable terms for the employees and was beneficial overall. This decision sets a precedent for similar agreements in the industry, emphasising the importance of adhering to statutory requirements and good faith bargaining principles.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established