DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/581)

OCTEROS STONE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 MARCH 2020

Application for approval of the Octeros Stone Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Octeros Stone Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe the following provisions are less beneficial than the provisions of the relevant Modern Award:

• Clause 30.8 – The shiftwork provisions for off-site employees who but for the Agreement would be covered by the Joinery and Building Trades Award 2010.

• Appendix 1A – Year 1 Apprentice Rates for all adult employees who but for the Agreement would be covered by the Building and General Construction On-Site Award 2010.

• Appendix 1B – Apprentice Rates of Pay for off-site employees who but for the Agreement would be covered by the Joinery and Building Trades Award 2010.

However, I am satisfied that Clause 5.2 of the Agreement would resolve any potential concerns by ensuring that where there is a conflict between a term of the Agreement and a term of one of the abovementioned Modern Awards, the higher wage outcome or other outcome more favourable to the Employee will apply.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2020. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Octeros Stone Pty Ltd, which sought approval for their 2018-2019 collective agreement. The matter was heard by the Fair Work Commission, Australia’s national workplace relations tribunal. The primary dispute centred on whether the proposed terms of the collective agreement complied with the requirements of Australian labour law, particularly under the Fair Work Act 2009. The CFMEU and Octeros Stone aimed to reach a mutually beneficial agreement that would govern the employment conditions of the workers in the stone industry for the specified period.

The legal issues that the Commission had to address included whether the proposed agreement met the necessary standards for good faith bargaining and whether it contained provisions that were contrary to the public interest or unfair to employees. Additionally, the Commission needed to ensure that the agreement was not inconsistent with any relevant national employment standards or safety regulations. The Commission also had to consider whether the agreement included appropriate dispute resolution mechanisms and if the process by which the agreement was reached was compliant with statutory requirements.

The Fair Work Commission found that the collective agreement met the statutory requirements for approval. The Commission emphasised that the agreement was the product of good faith negotiations between the parties, contained provisions that were fair and reasonable, and did not contravene any national employment standards. The Commission was satisfied that the agreement provided appropriate protections for employees, including fair remuneration, reasonable working hours, and adequate safety measures. Additionally, the agreement included effective dispute resolution mechanisms, which were deemed adequate to address any future workplace issues. Based on these findings, the Commission approved the collective agreement, confirming its compliance with Australian labour law.

The Fair Work Commission's final orders included the approval of the Octeros Stone Pty Ltd and CFMEU Union Collective Agreement 2018-2019, effective from the date of the Commission's decision. The Commission directed both parties to implement the agreed terms in accordance with the provisions outlined in the approved agreement. Furthermore, the Commission mandated that any disputes arising from the interpretation or application of the agreement be resolved through the specified dispute resolution mechanisms.

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