DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7104)

FUGEN MASONRY QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Fugen Masonry QLD Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fugen Masonry QLD Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 December 2015 and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Fugen Masonry QLD Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The Construction, Forestry, Mining and Energy Union (CFMEU) sought to have the collective agreement approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the statutory requirements for approval, particularly concerning provisions related to employment conditions, remuneration, and workplace relations.

The central legal issues before the Commission were whether the agreement satisfied the criteria for approval as set out in the Fair Work Act, including whether it provided for good faith bargaining, met the procedural requirements for its negotiation, and whether the terms of the agreement were in the best interests of the employees and employers involved. Additionally, the Commission had to consider whether the agreement unfairly disadvantaged any party and if it included terms that were contrary to public interest.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement had been negotiated in good faith and adhered to the procedural requirements as mandated by the Fair Work Act. Furthermore, the terms of the agreement were deemed to be in the best interests of the employees and employers, without unfairly disadvantaging any party. The Commission concluded that the agreement did not include any terms that were contrary to the public interest and thus approved the collective agreement.

The Fair Work Commission approved the Fugen Masonry QLD Pty Ltd and CFMEU Union Collective Agreement 2015-2019, deeming it to be in compliance with the statutory requirements of the Fair Work Act. The approval is effective from the date of the decision and will remain in force until the end of the specified term of the agreement.

Construction, Forestry, 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