Construction, Forestry, Mining and Energy Union-Construction and General Division Summary

[2013] FWCA 3680

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2013/1359)

LAMIO MASONRY SERVICES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 11 JUNE 2013

Application for approval of the Lamio Masonry Services Pty Ltd/CFMEU Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lamio Masonry Services Pty Ltd/CFMEU Collective Agreement 2013-2015 (the Agreement). The application was made by the CFMEU pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 18 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by Lamio Masonry Services Pty Ltd for approval of a collective agreement with the Construction, Forestry, Mining and Energy Union – Construction and General Division. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary legal standards and was in the best interests of the employees. The legal issues centred on whether the agreement was genuinely negotiated, whether it contained appropriate terms and conditions for employees, and whether it complied with relevant legislation, including the Fair Work Act 2009. The Commission also needed to consider the impact of the agreement on the employees, particularly in relation to wages, hours of work, and other employment conditions.

In reaching its decision, the Fair Work Commission carefully examined the process through which the collective agreement was negotiated, ensuring that both parties had genuinely engaged in the bargaining process. The Commission assessed whether the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. It considered whether the agreement provided adequate protections for employees, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The Commission also evaluated whether the agreement complied with all relevant statutory requirements, including those set out in the Fair Work Act 2009. Ultimately, the Commission concluded that the Lamio Masonry Services Pty Ltd/CFMEU Collective Agreement 2013-2015 was fairly negotiated, contained appropriate terms and conditions, and complied with the necessary legal standards.

Following its analysis, the Fair Work Commission approved the collective agreement, finding that it was in the best interests of the employees and met all legal requirements. The Commission recognised the importance of the agreement in providing fair and reasonable employment conditions for the workers involved. By approving the agreement, the Commission facilitated a balanced relationship between the employer and the union, ensuring that employees' rights and interests were adequately protected. The decision underscored the importance of genuine negotiation and compliance with statutory provisions in the collective bargaining process.

Construction, Forestry, Mining and Energy Union-Construction and General Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established