DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/600)

CONRINA MASONRY PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 MARCH 2018

Application for approval of the Conrina Masonry Pty. Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Conrina Masonry Pty. Limited / CFMEU Collective Agreement 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 16 March 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of a collective agreement between Conrina Masonry Pty. Limited and the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, which is tasked with overseeing and approving such agreements to ensure they meet the necessary standards for fairness and compliance with the relevant industrial laws. The CFMEU, representing the workers, sought approval for the collective agreement with Conrina Masonry, which governs the terms and conditions of employment for the workers in this specific industry sector.

The central legal issues before the Commission were whether the collective agreement met the criteria for approval under the Fair Work Act, including whether it provided for a fair and efficient system of determining wages and other conditions of employment, and whether it adhered to the principles of industrial action. The Commission had to examine if the agreement was made in good faith and whether it contained provisions that were fair and reasonable for both the employer and the employees. Additionally, the Commission assessed if the agreement complied with any relevant national employment standards and protected the rights of the workers, including their right to protected industrial action.

The Fair Work Commission determined that the collective agreement between Conrina Masonry and the CFMEU met the necessary criteria for approval. The Commission found that the agreement was made in good faith and provided for a fair and efficient system for determining wages and other employment conditions. It also ensured that the agreement contained provisions that were fair and reasonable for both parties and complied with the national employment standards. The Commission was satisfied that the agreement protected the rights of the workers, including their right to protected industrial action. Therefore, the Commission approved the collective agreement, ensuring that it would govern the terms and conditions of employment for the workers in Conrina Masonry Pty. Limited.

The Fair Work Commission's final order was to approve the Conrina Masonry Pty. Limited / CFMEU Collective Agreement 2018, which would now serve as the governing document for the terms and conditions of employment for the workers in this particular industry sector. This decision provided clarity and certainty for both the employer and the employees, ensuring that their rights and obligations were adequately protected under the approved collective 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