DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5137)

LAMIO MASONRY SERVICES (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 7 OCTOBER 2015

Application for approval of the Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2015 – 2017 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement which aimed to regulate the terms and conditions of employment for employees of Lamio Masonry Services. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it was made in good faith and if it contained the necessary minimum terms and conditions.

The legal issues before the Commission included whether the agreement contained all the mandated minimum terms and conditions, if it was free from any prohibited content, and whether it had been made in good faith. Additionally, the Commission needed to determine if the agreement met the statutory requirements for being made without the influence of any unfair labour practices.

In reaching its decision, the Commission examined the terms of the agreement, ensuring it complied with the mandatory minimum entitlements outlined in the Fair Work Act. The Commission found that the agreement contained all the required minimum terms and conditions, and it was free from any prohibited content. The Commission also assessed whether the agreement was made in good faith, considering the bargaining processes and the conduct of the parties involved. After thorough consideration, the Commission concluded that the agreement was made in good faith and met all the statutory requirements for approval. Consequently, the Commission approved the Lamio Masonry Services (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

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