DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/893)

LAMIO MASONRY SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 APRIL 2018

Application for approval of the Lamio Masonry Services Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lamio Masonry Services 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 Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 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) applied to the Fair Work Commission (FWC) for approval of the Lamio Masonry Services Pty Ltd / CFMEU Collective Agreement 2018. Lamio Masonry Services Pty Ltd is a small business engaged in the bricklaying and masonry industry, and the CFMEU is a trade union representing workers in the construction industry. The dispute centred on the provisions of the proposed collective agreement, which the parties intended to use as a basis for employment conditions for workers in the industry. The FWC was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issue before the FWC was whether the proposed collective agreement complied with the provisions of the Fair Work Act, particularly section 234, which sets out the criteria for the approval of an enterprise agreement. The FWC considered whether the agreement provided for fair and efficient bargaining, and whether it contained terms and conditions that were reasonable in all the circumstances. The FWC also had to assess whether the agreement included any terms that would have an adverse effect on the operation of the business, and whether it met the requirements for good faith bargaining.

The FWC examined the provisions of the proposed agreement and found that it met the statutory requirements for approval. The FWC noted that the agreement had been negotiated in good faith and provided for fair and efficient bargaining. The FWC also found that the terms and conditions of the agreement were reasonable, and that there were no provisions that would have an adverse effect on the operation of the business. The FWC approved the agreement, finding that it met all the requirements for approval under the Fair Work Act.

The FWC approved the Lamio Masonry Services Pty Ltd / CFMEU Collective Agreement 2018, subject to certain modifications to ensure compliance with the Fair Work Act. The FWC found that the agreement met the statutory requirements for approval, and that it provided for fair and efficient bargaining and reasonable terms and conditions. The FWC also noted that the agreement had been negotiated in good faith, and that there were no provisions that would have an adverse effect on the operation of the business. The CFMEU and Lamio Masonry Services Pty Ltd were directed to take all necessary steps to give effect to the approved agreement.

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