Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1347)

CK STONE PTY LTD T/AS PROSTONE GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STONEMASONS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MAY 2023

Application for approval of the CK STONE PTY LTD T/As PROSTONE GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CK STONE PTY LTD T/As PROSTONE GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023 (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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 29 May 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a new enterprise agreement between CK STONE PTY LTD, trading as PROSTONE GROUP, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement complied with the relevant statutory requirements and whether it met the criteria for endorsement under the Fair Work Act 2009.

The court was tasked with determining if the agreement was appropriately negotiated and if it contained all the mandated terms and conditions. It also needed to assess whether the agreement was in the best interests of the employees and if it adhered to the principles of the Fair Work Act. A key issue was whether the agreement provided fair and reasonable terms for the employees and if it was consistent with the statutory obligations of the parties involved.

The Fair Work Commission found that the agreement was appropriately negotiated and contained all the necessary mandated terms and conditions. The court concluded that the agreement was fair and reasonable, providing appropriate benefits for the employees. It was also consistent with the principles of the Fair Work Act and served the best interests of the employees. The Commission approved the agreement, finding that it met all statutory requirements and was in compliance with the relevant legislative framework.

The Fair Work Commission approved the proposed enterprise agreement, subject to any necessary minor amendments. The decision ensures that the agreement will provide fair and reasonable terms for the employees and will be governed by the provisions of the Fair Work Act. This ruling provides clarity for both the employer and the employees, ensuring that the agreement is properly implemented and enforced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established