Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1342)

CK STONE PTY LTD T/AS PROSTONE GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING 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 Caulking and Sealing 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 Caulking and Sealing 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement between CK STONE PTY LTD trading as Prostone Group and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The dispute was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, including the protection of workers' rights, and whether it was in the best interests of the employees.

The Commission found that the proposed agreement was fair and reasonable in all respects. It provided for a comprehensive set of terms and conditions that balanced the rights and interests of both the employer and the employees. The agreement included provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act.

Accordingly, the Commission approved the proposed enterprise agreement, which will now be in effect for the period 2020 to 2023. The decision provides clarity for the parties and sets a benchmark for future agreements in the caulking and sealing industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established