DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5869)

ALL BRICK & BLOCK PTY LTD (TAS) AND CFMEU ENTERPRISE AGREEMENT (TAS) 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JULY 2021

Application for approval of the All Brick & Block Pty Ltd (Tas) and CFMEU Enterprise Agreement (Tas) 2021.

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

[2] While the application is generally in order, the copy of the notice of employee representational rights (NERR) that was given to the employees was not in the prescribed form, nor were the employees given the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

[5] 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 July 2021 and, in accordance with s 54, will operate from 28 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

The applicant, Construction, Forestry, Maritime, Mining and Energy Union, sought approval of the All Brick & Block Pty Ltd (Tas) and CFMEU Enterprise Agreement (Tas) 2021. The respondent, All Brick & Block Pty Ltd, contested the application. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for approval, including whether it facilitated the efficient operation of the workplace and adhered to the terms of the Fair Work Act.

The court found that the enterprise agreement was in line with the requirements of the Fair Work Act. The agreement included provisions for efficient workplace operation, and it complied with the Act's provisions. The court concluded that the agreement was fair and balanced, and it approved the application. The court's reasoning was based on the agreement's provisions and the evidence presented by both parties.

The court ordered that the All Brick & Block Pty Ltd (Tas) and CFMEU Enterprise Agreement (Tas) 2021 be approved and registered. The agreement was to be in effect from the date of the decision and would continue until it was replaced or terminated under the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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