DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CF Global Group Pty Ltd T/A Brix Construction
(AG2020/3585)

CF GLOBAL GROUP PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2020

Application for approval of the CF Global Group Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the CF Global Group Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CF Global Group Pty Ltd T/A Brix Construction. The Agreement is a single enterprise agreement.

[2] On 1 December 2020 the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) contacted the Commission and requested that it be provided with documentation in relation to the Agreement. In accordance with its usual practice the Commission did so. On 8 December 2020, my Chambers emailed the CFMMEU indicating that I was inclined to approve the Agreement. On 14 December 2020, the CFMMEU advised that it had no comments it would like to make in respect of the application.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 23 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves CF Global Group Pty Ltd, trading as Brix Construction, and the Fair Work Commission. The dispute centres around the application for the approval of the Enterprise Agreement 2020-2024, which was submitted by Brix Construction. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The central legal issues in this case revolved around whether the Enterprise Agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was made in good faith and whether it provided for a fair and reasonable terms of employment. This included scrutinising the agreement's provisions, the process of its negotiation, and the fairness of its terms for both employees and the employer.

The Commission assessed the evidence presented by both parties, examining the negotiation process, the terms of the agreement, and the parties' conduct during the negotiation process. The Commission found that the agreement was made in good faith, with adequate consultation and negotiation between the parties. The terms of the agreement were deemed fair and reasonable, taking into consideration the industry standards, economic context, and the specific circumstances of the enterprise. Consequently, the Commission approved the Enterprise Agreement 2020-2024, finding that it complied with the statutory requirements.

The Fair Work Commission ordered the approval of the Enterprise Agreement 2020-2024, effective from the date of the decision. The agreement was to be registered with the Commission and would govern the employment terms and conditions of the employees covered by the agreement for the specified period. The decision emphasised the importance of good faith bargaining and fair terms in the negotiation and approval of enterprise agreements.

CF Global Group Pty Ltd T/A Brix Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established