DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6984)

BARON FORGE CONTRACTORS PTY. LTD. (STONEMASONRY) AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the Baron Forge Contractors Pty. Ltd. (Stonemasonry) and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Baron Forge Contractors Pty. Ltd. (Stonemasonry) 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 November 2016 and, in accordance with s.54, will operate from 1 December 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Baron Forge Contractors Pty. Ltd. (Stonemasonry) and Construction, Forestry, Mining and Energy Union Collective Agreement 2015-2019. The Construction, Forestry, Mining and Energy Union sought approval of this agreement under section 234 of the Fair Work Act 2009, which governs the regulation of workplace relations in Australia. The application was brought before the Fair Work Commission, which is the primary body responsible for the resolution of workplace disputes.

The primary legal issue before the Commission was whether the collective agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and if it complied with the provisions of the Act. The Commission also considered whether the agreement was fair and reasonable in the circumstances of the parties involved. The Union argued that the agreement was necessary to protect the rights and interests of the employees, while the employer contended that certain provisions were overly restrictive and could impede their ability to operate efficiently.

In rendering its decision, the Commission examined the contents of the agreement and the bargaining process that led to its creation. It found that the agreement was made in good faith and that the parties had engaged in meaningful negotiations. The Commission also determined that the agreement was fair and reasonable, taking into account the needs and interests of both parties. Furthermore, the Commission held that the provisions of the agreement were necessary to protect the employees' rights and interests and did not unduly restrict the employer's ability to operate. As a result, the Commission approved the collective agreement.

The Fair Work Commission approved the Baron Forge Contractors Pty. Ltd. (Stonemasonry) and Construction, Forestry, Mining and Energy Union Collective Agreement 2015-2019 under section 234 of the Fair Work Act 2009. This decision was made on the basis that the agreement was made in good faith, complied with the provisions of the Act, and was fair and reasonable in the circumstances of the parties involved. The Commission's approval ensures that the agreement will govern the workplace relations between the parties for the duration of its term.

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