DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6484)

BRITTON BROS PTY LTD AND CFMEU ENTERPRISE BARGAINING AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 AUGUST 2021

Application for approval of the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2021.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 10 August 2021 and, in accordance with s 54, will operate from 17 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Britton Bros Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union were the parties involved in a dispute that was heard by the Fair Work Commission. The central issue was the approval of the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2021. The primary legal issues before the Court were whether the agreement complied with the Fair Work Act 2009, including provisions regarding minimum wages and other employment conditions, and whether the agreement was made in good faith and without coercion.

The Court examined the agreement in detail, considering its provisions on wages, conditions of employment, dispute resolution mechanisms, and other relevant factors. The Court assessed whether the agreement met the statutory requirements for approval, including that it provided for fair and reasonable terms and conditions, and that it was not contrary to public policy. The Court also considered submissions from both parties, as well as evidence provided. Ultimately, the Court found that the agreement did comply with the necessary legislative requirements and was made in good faith.

In light of the findings, the Court approved the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2021. The Court's decision was based on its determination that the agreement was fair and reasonable, and met the necessary statutory criteria for approval. The agreement was thus approved, effective from the date of the Court's decision.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established