DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BRD Industries Pty Ltd
(AG2018/2233)

BRD INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JUNE 2018

Application for approval of the BRD Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the BRD Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BRD Industries Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Maritime, 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 was approved on 21 June 2018 and, in accordance with s.54, will operate from 28 June 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BRD Industries Pty Ltd sought approval for the BRD Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The application was made by the employer under section 233 of the Fair Work Act 2009, seeking approval of the agreement as a registered enterprise agreement. The dispute centred around the terms and conditions of employment, particularly those relating to the classification and wages of employees, leave entitlements, and the resolution of disputes.

The legal issues the court had to address included whether the agreement contained the required elements of a valid enterprise agreement under the Fair Work Act, and whether the process of reaching the agreement was compliant with the statutory requirements. This involved examining whether the agreement was made in good faith and whether it included essential terms such as minimum wages, classification of employees, and dispute resolution mechanisms.

The court found that the agreement met the statutory requirements for a registered enterprise agreement. The process of reaching the agreement was deemed to have been conducted in good faith, and the terms of the agreement were considered fair and reasonable. The court highlighted that the agreement included all the necessary elements, such as minimum wages, classification of employees, and dispute resolution mechanisms. Therefore, the court approved the application and registered the enterprise agreement.

The final orders of the court were that the BRD Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be registered as a registered enterprise agreement under section 174 of the Fair Work Act 2009. This decision confirmed the validity of the agreement and its applicability to the employees of BRD Industries Pty Ltd.

BRD Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established