Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4280)

MOI Stonemason Pty Ltd and CFMEU Union Collective Agreement 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 OCTOBER 2022

Application for approval of the MOI Stonemason Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the MOI Stonemason Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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.

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 28 October 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a proposed collective agreement with MOI Stonemason Pty Ltd. The union sought to have the agreement, which outlined terms and conditions of employment for workers, approved as a registered instrument under the Fair Work Act 2009. The dispute centred on whether the collective agreement complied with the statutory requirements and whether it was in the best interests of the workers it was intended to cover.

The legal issues before the Commission involved determining whether the agreement satisfied the legislative criteria for approval. These included assessing whether the agreement was in writing, whether it was made by an eligible organisation, whether it provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the Fair Work Act. The Commission also needed to consider if the agreement was fair and reasonable in the context of the bargaining process and whether it met the requirements of the Fair Work (Registered Organisations) Act 2009.

In reaching its decision, the Commission examined the provisions of the proposed agreement, taking into account submissions from both the CFMEU and MOI Stonemason Pty Ltd. The Commission found that the agreement met the legislative requirements and was fair and reasonable for the workers it covered. The agreement was consistent with the principles of the Fair Work Act and was in the best interests of the employees, taking into account the context of the industry and the bargaining process. The Commission approved the collective agreement, and it was registered as a registered instrument under the Act.

The final orders of the Commission were that the MOI Stonemason Pty Ltd and CFMEU Union Collective Agreement 2020-2022 be approved and registered. The agreement was to be binding on all employees covered by the agreement and the employer, and it was to have effect from the date of registration. The Commission's decision provided clarity for both the union and the employer regarding the terms and conditions of employment for the workers, and it ensured that the agreement complied with the relevant statutory requirements.

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