DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1033)

ASPEC MASONRY NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the ASPEC Masonry NSW Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ASPEC Masonry 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 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union lodged an application for approval of a proposed agreement with ASPEC Masonry NSW Pty Ltd. The dispute centred around the terms of the collective agreement, specifically those related to wage rates, conditions of employment, and the applicability of the agreement to certain employees. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained mandatory terms that were protected from being undermined by other terms in the agreement and whether it complied with the good faith bargaining requirement. Additionally, the Commission needed to assess whether the agreement was in the best interests of the employees it covered and whether it adhered to the prescribed provisions of the Act.

In delivering its decision, the Commission noted that the proposed agreement contained terms that were not mandatory and thus could be subject to being undermined by other terms within the agreement. However, the Commission found that the agreement did not contravene the good faith bargaining requirement. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees it covered and met the prescribed provisions of the Act. Consequently, the Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the statutory requirements.

The Commission's final order was that the ASPEC Masonry NSW Pty Ltd / CFMEU Collective Agreement 2018 be approved, with the modifications necessary to meet the statutory requirements. The agreement would now be registered and enforceable under the Fair Work Act 2009, providing a framework for the terms and conditions of employment for the employees covered by the 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