DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5878)

BRADY CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JULY 2021

Application for approval of the Brady Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Brady Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 July 2021 and, in accordance with s 54, will operate from 12 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Brady Construction Pty Ltd for the approval of their Builder Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary dispute centred on the terms of the proposed enterprise agreement, specifically whether it complied with the statutory requirements and provided appropriate protections for employees.

The legal issues before the FWC included whether the proposed agreement met the criteria for approval under section 232 of the Fair Work Act, and if the agreement was in the best interests of the employees it was intended to cover. The FWC had to examine if the agreement provided fair and reasonable terms and conditions, and if it adequately addressed the rights and obligations of both employers and employees. Additionally, the FWC needed to ensure that the agreement did not unfairly discriminate against any group of employees.

In delivering its decision, the FWC analysed the terms of the agreement in detail, considering submissions from both the CFMEU and Brady Construction Pty Ltd. The Commission found that the proposed agreement was consistent with the statutory requirements and provided fair and reasonable terms for the employees. The FWC concluded that the agreement was in the best interests of the employees and did not unfairly discriminate against any group. The FWC approved the application, enabling the agreement to be registered and enforceable.

The Fair Work Commission approved the application for the registration of the Builder Enterprise Agreement 2020-2023, finding it to be fair and reasonable and in the best interests of the employees.

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