DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5726)

STUART DENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 JULY 2021

Application for approval of the STUART DENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the STUART DENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 9 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 matter before the Fair Work Commission (FWC) involved an application for approval of the STUART DENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023. The primary dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including provisions for genuine bargaining, the inclusion of all employees, and compliance with minimum standards.

The legal issues before the FWC encompassed the validity of the bargaining process, the extent to which the agreement covered all relevant employees, and whether the agreement provided for minimum wages and conditions as stipulated by the Act. Additionally, the FWC had to consider whether the terms of the agreement were fair and reasonable, and whether the parties had genuinely negotiated the agreement without coercion or undue influence.

In its decision, the FWC examined the evidence presented regarding the bargaining process and found that the agreement was the product of genuine negotiations between the parties. The Commission also considered the scope of the agreement, ensuring it covered all relevant employees within the defined enterprise. Furthermore, the FWC verified that the agreement met all minimum standards prescribed by the Fair Work Act, including wage rates, leave entitlements, and other employment conditions. After thorough deliberation, the FWC approved the agreement, deeming it to be fair and reasonable.

The FWC's final order was to approve the STUART DENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023, effective from the date of the decision. This decision provided clarity and certainty for the parties involved, allowing the agreement to take effect and regulate the employment terms for the specified period.

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