DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6564)

BARON FORGE CONTRACTORS PTY. LTD. (STONEMASONRY) AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 21 DECEMBER 2018

Application for approval of the Baron Forge Contractors Pty Ltd (Stonemasonry) and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Baron Forge Contractors Pty Ltd (Stonemasonry) and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Baron Forge Contractors Pty Ltd. The matter concerned the application for approval of the Stonemasonry Collective Agreement 2018-2019. The Commission was tasked with assessing the agreement to determine whether it complied with the requirements of the Fair Work Act 2009. The dispute primarily centred on whether the proposed terms and conditions of employment within the collective agreement were fair and reasonable.

The key legal issues that the Commission had to address included whether the agreement provided for appropriate minimum rates of pay, adequate conditions of employment, and whether it was consistent with the overarching principles of the Fair Work Act. The Commission also needed to consider whether the agreement met the requirements for coverage, which included ensuring that it applied to a relevant industry or workplace. The CFMEU argued that the agreement was fair and met the statutory requirements, while Baron Forge Contractors Pty Ltd raised concerns about specific provisions that they believed were unreasonable or did not comply with the Act.

In its decision, the Commission examined the collective agreement clause by clause, assessing its compliance with the statutory provisions. The Commission concluded that while most provisions were fair and reasonable, some clauses required modification to meet the requirements of the Fair Work Act. After considering the submissions from both parties, the Commission approved the agreement with modifications to certain clauses. These changes were made to ensure the agreement adhered to the principles of fairness and reasonableness as mandated by the Act. The modifications included adjustments to pay rates and conditions to address the concerns raised by Baron Forge Contractors Pty Ltd.

The Commission's final orders approved the collective agreement with the aforementioned modifications. The CFMEU and Baron Forge Contractors Pty Ltd were directed to implement the approved terms and conditions as per the amended agreement. The decision highlighted the importance of ensuring that collective agreements comply with the statutory framework, while also balancing the interests of both employers and employees.

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