DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/166)

TYRONE MASONRY AND CFMEU (WA) ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Tyrone Masonry and CFMEU (WA) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Tyrone Masonry and CFMEU (WA) Enterprise Agreement 2014-2017 (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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 27 February 2015 and, in accordance with s.54, will operate from 6 March 2015. The nominal expiry date of the Agreement is 30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Tyrone Masonry, with a dispute over the approval of an enterprise agreement. The case was heard in the Fair Work Commission. The central issue before the court was whether the enterprise agreement between the parties complied with the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the procedural fairness requirements, including proper consultation, and whether the terms and conditions of the agreement were fair and reasonable.

The Fair Work Commission examined the processes undertaken by the parties in reaching the agreement, assessing the adequacy of consultation and the fairness of the agreement’s terms. The court considered evidence provided by both parties, including the consultation processes, the nature of the agreement, and any potential impacts on employees and the broader industry. The Commission found that the consultation processes were generally adequate, and the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties.

As a result, the Fair Work Commission approved the enterprise agreement, finding it to be in compliance with the statutory requirements. The decision underscored the importance of proper consultation and the need for enterprise agreements to be fair and reasonable, balancing the interests of both employers and employees. The court's approval of the agreement ensures that it can be implemented, providing certainty to the parties involved and protecting the rights of employees under the terms 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