DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6107)

JB MASONRY SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2017

Application for approval of the JB Masonry Services Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the JB Masonry Services Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and JB Masonry Services Pty Ltd, with the Fair Work Commission (FWC) considering the approval of a collective agreement between the two parties for the period 2017-2018. The CFMEU sought to have the agreement approved under the Fair Work Act 2009, arguing it complied with the necessary criteria. JB Masonry Services Pty Ltd did not contest the approval of the agreement, but questioned some specific provisions. The FWC was tasked with determining whether the agreement met the legal requirements for approval and, if not, what modifications were necessary.

The primary legal issues centred on whether the collective agreement complied with the provisions of the Fair Work Act, particularly in relation to the terms and conditions of employment, and whether any specific provisions were unfair or did not meet the standard criteria for approval. The FWC needed to ensure that the agreement did not contain any terms that would undermine the purpose of the Act, which is to provide a safety net of minimum entitlements, facilitate a cooperative workplace relations system, and promote high levels of economic growth and prosperity.

The FWC carefully examined the agreement and found that while most provisions were in line with the Fair Work Act, certain clauses did not meet the required standards. The FWC made several modifications to these clauses to ensure they complied with the Act's objectives. The CFMEU and JB Masonry Services Pty Ltd were given an opportunity to review and comment on these modifications. Ultimately, the FWC approved the collective agreement with the specified modifications, ensuring that it met all legal requirements and would not undermine the intent of the Fair Work Act.

The final order of the FWC was the approval of the JB Masonry Services Pty Ltd / CFMEU Collective Agreement 2017-2018, subject to the modifications made to certain clauses. The FWC's decision ensured that the agreement would provide a fair and balanced set of terms and conditions for employees, while also aligning with the broader objectives of the Fair Work Act.

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