Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1343)

APPLICATION FOR APPROVAL OF THE CK STONE PTY LTD T/AS PROSTONE GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING 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 Waterproofing 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 Waterproofing 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 the Fair Work Commission, an application was lodged by CK STONE PTY LTD T/As PROSTONE GROUP and the CFMEU (Victorian Construction and General Division) to approve the Subcontractors Waterproofing Enterprise Agreement 2020-2023. The agreement was submitted to the Commission for its consideration and potential approval under the Fair Work Act 2009. The union and the employer sought the Commission's endorsement to formalise the terms of employment and workplace relations for the specified period.

The central legal issues before the Commission involved the examination of the proposed agreement's compliance with the requirements set out in the Fair Work Act. This included assessing whether the agreement met the provisions for employee representation, minimum entitlements, and the procedural fairness in the bargaining process. The Commission had to determine if the agreement provided fair and reasonable terms for the employees and if it was consistent with the overarching objectives of the Act, which include promoting higher wages and better working conditions.

In making its decision, the Commission considered the submissions and evidence provided by both parties, as well as the broader context of the construction industry. The Commission found that the agreement was fair and reasonable, taking into account the bargaining power of the parties, the nature of the industry, and the specific conditions of the waterproofing sector. The Commission also noted that the agreement provided for appropriate employee representation and addressed key issues such as wages, hours of work, and other employment conditions. Consequently, the Commission approved the agreement and made it a registered enterprise agreement, effective from the date of the decision.

The final orders of the Commission were that the Subcontractors Waterproofing Enterprise Agreement 2020-2023 be approved and registered under section 232 of the Fair Work Act 2009. The agreement was to be in effect from the date of the decision and would apply to the employees of CK STONE PTY LTD T/As PROSTONE GROUP covered by the agreement. The Commission's approval signified its endorsement of the agreement as meeting the necessary legal standards for fairness and reasonableness.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established