Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4367)

CERAMSTONE PTY LTD AS TRUSTEE FOR WEIJERS FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 OCTOBER 2022

Application for approval of the CERAMSTONE PTY LTD AS TRUSTEE FOR WEIJERS FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CERAMSTONE PTY LTD AS TRUSTEE FOR WEIJERS FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Stonemasons 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 4 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of a new enterprise agreement between CERAMSTONE PTY LTD AS TRUSTEE FOR WEIJERS FAMILY TRUST and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023. The dispute centred on the terms and conditions of employment for employees engaged in the stonemasonry industry in Victoria, with the union seeking improved wages and conditions, while the employer aimed to balance these demands with business viability.

The legal issues before the Commission included whether the proposed agreement met the 'better off overall test' (BOOT), which requires that employees are not worse off financially, and whether the agreement was consistent with the Fair Work Act 2009. Furthermore, the Commission had to consider if the agreement contained any provisions that might be contrary to public policy or undermine industrial harmony.

In delivering its decision, the Commission found that the agreement was fair and balanced, meeting the BOOT as it provided employees with a substantial increase in wages and improved conditions, without causing undue financial hardship to the employer. The Commission also noted that the agreement contained no provisions that would be contrary to public policy or detrimental to industrial harmony. Therefore, the application for approval was successful, and the agreement was registered.

The Commission's final order was that the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Stonemasons Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009. This decision was made on the basis that the agreement was fair and balanced, meeting the requirements of the Act and ensuring that employees were not worse off financially.

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