DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5899)

BUILD IT BRICK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICK LAYING ENTERPRISE AGREEMENT 2020-202

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 JULY 2021

Application for approval of the BUILD IT BRICK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the BUILD IT BRICK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying Enterprise Agreement 2020-2023 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the BUILD IT BRICK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying Enterprise Agreement 2020-2023, heard by the Fair Work Commission. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the agreement, which was opposed by Build It Brick. The crux of the dispute lay in the terms of the agreement, particularly concerning the conditions for bricklaying work, hours of work, and the classification of workers.

The legal issues before the Commission included whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant legislative framework. The Commission had to consider the balance of interests between the employer and the employees, the fairness of the terms, and the compliance with the requirements of the Fair Work Act 2009. The Commission also needed to ensure that the agreement did not undermine the broader objectives of the Fair Work system.

In its decision, the Commission found that the agreement was in the best interests of the employees and did not undermine the broader objectives of the Fair Work system. The Commission considered the evidence presented by both parties, including submissions and expert testimony, and determined that the terms of the agreement were fair and reasonable. The Commission emphasised the importance of the agreement in providing certainty and stability for the bricklaying industry, while also protecting the rights and interests of employees. The Commission approved the agreement, subject to certain conditions that aimed to ensure its proper implementation and monitoring.

The final orders of the Commission included the approval of the agreement, with specific conditions attached to safeguard the interests of employees and ensure compliance with the Fair Work Act 2009. The conditions included provisions for the monitoring of the agreement's implementation, the reporting of any breaches, and the review of the agreement after a specified period. The Commission's decision provided a balanced outcome that recognised the need for fair and reasonable terms in the bricklaying industry while also upholding the principles of the Fair Work system.

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