DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5820)

DECA CONSTRUCTIONS 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, 7 JULY 2021

Application for approval of the DECA CONSTRUCTIONS 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 DECA CONSTRUCTIONS 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 14 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the DECA CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying Enterprise Agreement 2020-2023. DECA CONSTRUCTIONS PTY LTD is an employer in the construction industry and the CFMEU is a trade union representing employees in that industry. The dispute related to the terms and conditions of employment for bricklayers working as subcontractors in the construction industry in Victoria. The Fair Work Commission heard the application.

The primary legal issue was whether the terms of the proposed enterprise agreement complied with the Fair Work Act 2009. This required the Commission to consider various factors, including whether the agreement provided for minimum rates of pay and conditions, whether it met the "better off overall test" and whether it contained any terms that were contrary to public policy or were otherwise unlawful. The Commission also needed to determine whether the agreement was consistent with the principles of enterprise bargaining set out in the Fair Work Act.

The Commission found that the proposed enterprise agreement met all the necessary legal requirements. It provided for minimum rates of pay and conditions for bricklayers working as subcontractors in the construction industry in Victoria. The agreement also met the "better off overall test" and did not contain any terms that were contrary to public policy or unlawful. The Commission was satisfied that the agreement was consistent with the principles of enterprise bargaining and approved the agreement.

The Fair Work Commission approved the DECA CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying Enterprise Agreement 2020-2023. The agreement will now apply to bricklayers working as subcontractors in the construction industry in Victoria for the period 2020 to 2023.

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