DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5850)

BETTER BUILT MASONRY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICK LAYING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 JULY 2021

Application for approval of the BETTER BUILT MASONRY 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 BETTER BUILT MASONRY 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 15 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 Better Built Masonry Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023. The dispute was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal. The legal issues at hand centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in the course of, and for the purpose of, a genuine enterprise agreement, and whether it complied with the procedural and substantive requirements of the Act.

The Fair Work Commission found that the agreement was genuinely made in the course of, and for the purpose of, a genuine enterprise agreement. It concluded that the agreement was the product of genuine negotiations between the parties and was not made under duress or undue influence. The Commission also confirmed that the agreement met the procedural requirements of the Act, including the need for a majority vote of employees in the enterprise. Furthermore, the agreement was deemed to comply with the substantive requirements of the Act, including provisions relating to wages, hours of work, and other conditions of employment. The Commission considered that the agreement provided for fair and reasonable terms and conditions for employees and was not detrimental to the employees or the enterprise.

In light of the above findings, the Fair Work Commission approved the agreement. The Commission emphasised the importance of fair and reasonable workplace agreements in promoting harmonious industrial relations and improving productivity in the workplace. The Commission also noted that the agreement contained provisions for the resolution of disputes between the parties, which would help to maintain a stable and productive working environment.

The final orders of the Commission were that the Better Built Masonry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement will now apply to all employees of Better Built Masonry Pty Ltd who are covered by the agreement, and will remain in force until it is varied or terminated in accordance with the Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established