The Commission considered that the union did not want common terms and conditions of employment for two or more proposed company agreements and therefore had not conducted standard negotiations in accordance with Section 412(1)(b) of the Fair Work Act. The Commission indicated that the union was prepared to negotiate with the wider industry for the 4-week swing request, but it had never hinted that it would waive the 4-week swing request with the company. The union therefore did not follow the same line of conduct as between the entire sector and the company. The first model deal proposed by the CFMEU since the election means that construction workers in NSW could receive more than $200,000 for high-profile commercial projects, more than double the sector signage. Under an agreement negotiated between the major contractors, the Victorian Master Builders Association and the union, workers receive an average wage increase of 1.68 per cent in the first year of the contract, and then about 3 per cent each year for the remainder of the four-year agreement. This represents a salary increase of more than $80,000 under the CFMEU agreements since 2011, when carpenters received 122,524 $US, or about 150 percent of the price. However, the MBA said the agreements were the same as the old CFMEU agreements, with only wage increases of less than 5 percent per year and maintaining the union`s previous and more flexible RDO schedule. However, other owners, Parkview, Icon and Buildcorp, were unable to obtain their agreement. CFMEU argued that the issue of model negotiations did not arise in this situation, as the terms of the proposed agreement were unique. In support of that argument, cfmeu argued that, under the existing agreement, workers were recruited weekly, received a tooling allowance and received a higher weekly retirement pension, all above industry standards and included in the proposed company agreement.
CFMEU also provided evidence which was accepted by the Commission, that the company knew that the higher terms would form part of the proposed agreement. “The wages and terms of the current agreement will help maintain the competitiveness of NSW`s construction industry with other countries and territories in a tight construction labour market,” he said. Brian Seidler, director of the Master Builders Association NSW, said the CFMEU`s proposed deal was a “turning point” after years of employers accepting 5 percent wage increases, now well above inflation (only 1.6 percent). The Fair Work Act does not prohibit exemplary negotiations as such: rather, it refuses to protect trade union actions taken in support of it and provides for the granting of an injunction to stop or prevent such measures.  A person`s behavior is a typical bargain if: The two family-owned construction companies were among the largest of a group of six second-row owners who granted their preferred agreements directly to a workers` vote on Friday, without union support and with strong opposition from the CFMEU. The company asked the Commission to put an end to the proposed conflict. The company argued that CFMEU was involved in model negotiations with 21 concrete and concrete pump placement companies because it said it would only sign the CFMEU model corporate agreement. . . .