DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/605)

MARBLE & CEMENT CONTRACTS PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2020

Application for approval of the Marble & Cement Contracts Pty Ltd and CFMEU (WA) Enterprise Agreement 2019-2021.

[1] An application has been made for approval of a greenfields agreement known as the Marble & Cement Contracts Pty Ltd and CFMEU (WA) Enterprise Agreement 2019-2021 (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] 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.

[4] 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 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Fair Work Commission (FWC) was tasked with the approval of an enterprise agreement between Marble & Cement Contracts Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The dispute centred on whether the proposed agreement, which outlined the terms and conditions of employment for workers within the Marble & Cement Contracts Pty Ltd business, met the requisite standards under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement provided for the employees’ remuneration and conditions of employment in a manner that was fair and reasonable, and whether it complied with the provisions of the Act. Specific concerns were raised regarding the classification of employees, the scope of the agreement's coverage, and the potential impact on the employees' work arrangements and conditions.

The FWC examined the submissions from both parties, taking into account the evidence presented on the fairness and reasonableness of the agreement. The Commission considered the balance of rights and obligations, the impact on the employees, and the alignment with broader industrial standards. Ultimately, the FWC determined that the proposed agreement was fair and reasonable, taking into account the evidence and submissions. The FWC approved the agreement, finding that it met the necessary criteria under the Act and was in the best interests of the employees and the employer.

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