DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4904)

CONRINA MASONRY PTY. LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for the approval of the Conrina Masonry Pty. Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Conrina Masonry 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 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 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is
30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Construction, Forestry, Mining and Energy Union v Conrina Masonry Pty. Ltd, the Fair Work Commission was tasked with approving a proposed collective agreement between the parties. The dispute arose when Conrina Masonry sought to implement a new agreement that the union opposed on various grounds. The court had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the court had to address were whether the proposed agreement was in the best interests of the employees and whether it complied with the statutory requirements for approval. The union argued that the agreement did not adequately protect the rights and entitlements of the employees, particularly in terms of wages and conditions. Conrina Masonry, on the other hand, contended that the agreement was fair and reasonable and that it reflected the changing nature of the industry.

In reaching its decision, the commission carefully considered the evidence presented by both parties. It examined the terms of the proposed agreement and assessed whether they were fair and reasonable in all respects. The commission also considered the impact of the agreement on the employees and the broader industry. Ultimately, the commission found that the agreement was in the best interests of the employees and met the statutory requirements for approval. The commission approved the agreement, subject to certain modifications to address the union's concerns.

The court's final orders were that the Conrina Masonry Pty. Ltd / CFMEU Collective Agreement 2015 - 2017 be approved, with certain modifications to ensure that it met the necessary criteria for approval under the Fair Work Act. The union's objections were largely addressed by these modifications, and the agreement was deemed to be fair and reasonable in all respects. The decision provides important guidance for employers and unions when negotiating and approving collective agreements in the future.

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