DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/939)

SOUTHERN CROSS MASONRY CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Masonry Contractors 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 case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Southern Cross Masonry Contractors Pty Ltd, concerning the application for approval of the 2018 collective agreement between the two parties. The CFMEU sought to have the agreement approved under the Fair Work Act 2009, which requires certain industrial agreements to be assessed and approved by the Fair Work Commission. The legal issues at hand centred on whether the agreement met the necessary criteria for approval, including whether it complied with the provisions of the Fair Work Act and whether it was made in good faith and without coercion.

The Commission carefully examined the contents of the collective agreement, focusing on various provisions related to wages, working conditions, and dispute resolution mechanisms. The Commission considered whether these provisions were fair and reasonable, taking into account the interests of both employers and employees. Additionally, the Commission assessed whether the agreement was made without coercion and in good faith, as required by the legislation. After thorough deliberation, the Commission determined that the agreement complied with the necessary statutory criteria and was made without coercion.

In its decision, the Fair Work Commission approved the Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2018, finding that it met all the legal requirements for approval. The Commission highlighted that the agreement contained provisions that were fair and reasonable, reflecting a balance of interests between the union and the employer. The Commission's approval was based on a detailed analysis of the agreement's contents and a determination that it was made in good faith and without any form of coercion. As a result, the agreement was formally recognised and enforceable under the Fair Work Act 2009.

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