DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Brick Tasmania Pty Ltd T/A All Brick Tasmania
(AG2016/2460)

ALL BRICK TASMANIA PTY LTD & CFMEU ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 30 MARCH 2016

Application for approval of the All Brick Tasmania Pty Ltd & CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the All Brick Tasmania Pty Ltd & CFMEU Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Brick Tasmania Pty Ltd. 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 of the Act as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2016. The nominal expiry date of the Agreement is 21 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

All Brick Tasmania Pty Ltd, trading as All Brick Tasmania, filed an application for the approval of the All Brick Tasmania Pty Ltd & CFMEU Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The dispute centred on the procedural fairness of the Commission's approach to assessing the application and whether the agreement met the statutory requirements for approval.

The court was tasked with determining whether the Commission's process in evaluating the application was procedurally fair and if the enterprise agreement fulfilled the necessary criteria under the Fair Work Act 2009. This involved examining the steps taken by the Commission to ensure that the agreement was made without undue influence, coercion, or bullyism and that it provided for minimum entitlements as prescribed by the Act.

The Fair Work Commission considered that the application process was procedurally fair, as it provided all necessary parties an opportunity to be heard and to present their views. The Commission found that the enterprise agreement met the statutory requirements, including providing for minimum entitlements and not being made under undue influence, coercion, or bullyism. The Commission approved the application, leading to the formal registration of the agreement.

The Fair Work Commission's decision was upheld, and the enterprise agreement was approved for registration. The court found no procedural flaws in the Commission's handling of the application and confirmed the agreement's compliance with the statutory requirements. The enterprise agreement was thus formally registered.

All Brick Tasmania 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