Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7856)

SRC BRICKLAYING PTY LTD AND CFMEU UNION COLLECTIVE
AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 OCTOBER 2021

Application for approval of the SRC Bricklaying Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the SRC Bricklaying Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 2 November 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for approval of the SRC Bricklaying Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Collective Agreement 2020-2022. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly with respect to the terms and conditions it provided for employees. The Fair Work Commission was tasked with determining whether the agreement was in the interests of employees and employers, and whether it complied with the relevant legislative framework.

The primary legal issues addressed by the Commission involved the interpretation and application of the Fair Work Act 2009. These included whether the agreement provided for the fair and reasonable terms and conditions for the employees covered by it, whether it complied with the relevant minimum standards, and whether it was free from prohibited content. Additionally, the Commission considered whether the agreement was made in good faith and whether it had been negotiated in a manner that was free from any undue influence or coercion.

In reaching its decision, the Commission carefully examined the terms of the agreement and considered the evidence presented by both parties. It found that the agreement was comprehensive and provided for a range of terms and conditions that were fair and reasonable for the employees. The Commission also found that the agreement met the minimum standards set out in the Fair Work Act 2009 and did not contain any prohibited content. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and was free from any undue influence or coercion. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the SRC Bricklaying Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Collective Agreement 2020-2022, finding that it met the requirements of the Fair Work Act 2009. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees, complied with the minimum standards, and was free from any prohibited content. The Commission was also satisfied that the agreement had been negotiated in good faith and was not the result of any undue influence or coercion. The approval of the agreement ensures that the employees covered by it will have certainty and predictability in their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established