Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7901)

BLAND 2 BRILLIANT CIVIL PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2021

Application for approval of the Bland 2 Brilliant Civil Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

[1] An application has been made for approval of a greenfields agreement known as the Bland 2 Brilliant Civil Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) made an application for approval of the Bland 2 Brilliant Civil Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021-2025. The agreement sought to govern the employment conditions of minor civil construction workers employed by Bland 2 Brilliant Civil Pty Ltd. The dispute centred on whether the proposed terms and conditions in the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the terms of the agreement were consistent with the Fair Work Act's provisions, particularly whether they provided for fair and reasonable terms of employment. The Commission had to assess if the agreement provided for a fair and equitable balance between the rights and obligations of both the employer and the employees. The Commission also examined if the agreement complied with the minimum standards prescribed by the Act and if it included provisions that were considered to be of public interest.

The Commission found that the agreement provided for fair and reasonable terms of employment and was consistent with the Fair Work Act. It considered that the agreement offered a fair balance between the employer's and employees' rights and obligations. The Commission determined that the agreement included provisions that were in the public interest, such as those related to workplace health and safety and the protection of workers' rights. The Commission concluded that the agreement was compliant with the Act and approved it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established