DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Brick & Block (Tas) Pty Ltd T/A All Brick Tasmania
(AG2017/6628)

ALL BRICK & BLOCK (TAS) PTY LTD & CFMEU ENTERPRISE AGREEMENT 2017 - 2020

Tasmania
COMMISSIONER JOHNS	SYDNEY, 15 FEBRUARY 2018

Application for approval of the All Brick & Block (TAS) Pty Ltd & CFMEU Enterprise Agreement 2017-2020.

[1] On 21 December 2017 All Brick & Block (Tas) Pty Ltd T/A All Brick Tasmania (Applicant) made an application for approval of the All Brick & Block (TAS) Pty Ltd & CFMEU Enterprise Agreement 2017-2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Construction, Forestry, Mining and Energy Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 February 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were All Brick & Block (TAS) Pty Ltd, trading as All Brick Tasmania, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the All Brick & Block (TAS) Pty Ltd & CFMEU Enterprise Agreement 2017-2020. The matter was heard in the Fair Work Commission (FWC), Australia's workplace relations tribunal.

The legal issues that the FWC needed to address were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and if it was fair and reasonable for the purposes of the Act. The FWC had to determine if the agreement was genuinely negotiated, contained appropriate terms and conditions, and did not unfairly disadvantage any party. The dispute also involved whether the agreement adequately addressed the needs and interests of the employees and the employer.

In its decision, the FWC examined the negotiation process and found that the agreement was genuinely negotiated between the parties. The FWC also considered the terms and conditions of the agreement and found that they were fair and reasonable. The FWC noted that the agreement provided for appropriate pay and conditions for employees, and it took into account the specific needs and interests of both the employer and employees. The FWC concluded that the agreement met the requirements of the Fair Work Act and was fair and reasonable for the purposes of the Act.

The FWC approved the All Brick & Block (TAS) Pty Ltd & CFMEU Enterprise Agreement 2017-2020, thereby resolving the dispute between the parties. The agreement now provides the framework for the employment relationship between All Brick & Block (TAS) Pty Ltd and the CFMEU, ensuring that the rights and obligations of both parties are adequately protected.

All Brick & Block (Tas) Pty Ltd T/A All Brick Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established