Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4617

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3488)

E-Masonry Contracting (NSW) Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 9 AUGUST 2018

Application for approval of the E-Masonry Contracting (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the E-Masonry Contracting (NSW) Pty Ltd / CFMEU 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 the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application seeking approval of the E-Masonry Contracting (NSW) Pty Ltd / CFMEU Collective Agreement 2018, which was to be assessed by the Fair Work Commission (FWC). The dispute centred on the provisions of the agreement, particularly those related to the classification and remuneration of employees within the masonry industry in New South Wales. The CFMEU argued that the agreement was fair and balanced, while E-Masonry Contracting contested certain aspects, claiming they were unreasonable and overly burdensome.

The FWC was required to determine whether the collective agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith and whether it provided for the terms and conditions of employment that were fair and reasonable. The FWC had to consider various factors, including the economic context, the bargaining positions of the parties, and whether the agreement's terms were consistent with the principles of enterprise bargaining.

In its decision, the FWC found that the agreement was made in good faith and contained terms that were fair and reasonable. The FWC acknowledged the complexity of the bargaining process and the specific industry context but determined that the agreement balanced the interests of both parties effectively. The FWC noted that the provisions regarding classification and remuneration were reasonable, taking into account the economic environment and the need for a fair outcome for employees. Consequently, the FWC approved the collective agreement.

The FWC's final order was that the E-Masonry Contracting (NSW) Pty Ltd / CFMEU Collective Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. This decision provided certainty for both the CFMEU and E-Masonry Contracting, ensuring that the terms of the agreement would govern the employment conditions for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established