DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4539)

MELBOURNE STONE MASON GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 DECEMBER 2019

Application for approval of the Melbourne Stone Mason Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Stone Mason Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 16 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Melbourne Stone Mason Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The union argued that the agreement was appropriate for registration as it contained terms that were fair and reasonable. The employer contended that the agreement was not suitable for registration as it contained terms that were not fair and reasonable and did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the terms of the Enterprise Agreement were fair and reasonable, and whether they met the requirements of the Fair Work Act 2009. The Commission considered the evidence and arguments presented by both parties and found that the Enterprise Agreement contained terms that were fair and reasonable, and that it met the requirements of the Fair Work Act 2009. The Commission approved the Enterprise Agreement and registered it with the Fair Work Commission.

The Commission found that the Enterprise Agreement contained provisions that were fair and reasonable and met the requirements of the Fair Work Act 2009. The Commission noted that the Enterprise Agreement contained provisions that provided for the fair treatment of employees, and that it provided for the protection of employees' rights and interests. The Commission also found that the Enterprise Agreement contained provisions that provided for the efficient operation of the employer's business, and that it provided for the protection of the employer's interests. The Commission concluded that the Enterprise Agreement was appropriate for registration and approved it.

The Fair Work Commission approved the Enterprise Agreement and registered it with the Fair Work Commission. The Commission noted that the Enterprise Agreement contained provisions that provided for the fair treatment of employees, and that it provided for the protection of employees' rights and interests. The Commission also found that the Enterprise Agreement contained provisions that provided for the efficient operation of the employer's business, and that it provided for the protection of the employer's interests. The Commission concluded that the Enterprise Agreement was appropriate for registration and approved it. The Enterprise Agreement was registered with the Fair Work Commission and became legally binding on the employer and employees covered by the agreement.

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