DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/614)

TILECORP PTY LTD AND CFMEU (STONE MASONRY) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 MARCH 2020

Application for approval of the Tilecorp Pty Ltd and CFMEU (Stone Masonry) Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tilecorp Pty Ltd and CFMEU (Stone Masonry) Union Collective Agreement 2018 (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, 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 27 March 2020. The nominal expiry date of the Agreement is 2 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Tilecorp Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for stonemasons. The CFMEU sought approval of the Tilecorp Pty Ltd and CFMEU (Stone Masonry) Union Collective Agreement 2018, under section 234 of the Fair Work Act 2009. The primary issue before the Commission was whether the collective agreement met the requirements for approval under the Act, specifically whether it was in the public interest and fair and reasonable for the purposes of the Act.

The Commission examined the collective agreement's provisions and whether they complied with the Act and relevant regulations. The agreement's terms, conditions, and provisions were scrutinized for fairness, reasonableness, and public interest considerations. The Commission also assessed whether the agreement provided adequate protections for employees and whether it aligned with the principles of the Fair Work Act. After careful consideration, the Commission determined that the agreement met the criteria for approval under the Act. The Commission found that the agreement was fair and reasonable and in the public interest, taking into account the parties' bargaining positions, the nature of the industry, and the broader economic context.

In light of the findings, the Fair Work Commission approved the Tilecorp Pty Ltd and CFMEU (Stone Masonry) Union Collective Agreement 2018. The approval was granted as the agreement was deemed to be in the public interest and fair and reasonable for the purposes of the Fair Work Act. The decision ensures that the terms and conditions set out in the agreement are legally binding and enforceable, providing certainty and stability for both the employer and employees within the stone masonry industry.

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