DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5268)

BRISHONY NOMINEES PTY LTD TAS COMPOSITE SUPPORT SYSTEMS VICTORIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JUNE 2021

Application for approval of the BRISHONY NOMINEES PTY LTD Tas COMPOSITE SUPPORT SYSTEMS VICTORIA and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the BRISHONY NOMINEES PTY LTD Tas COMPOSITE SUPPORT SYSTEMS VICTORIA and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 June 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 applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval from the Fair Work Commission (FWC) for the BRISHONY NOMINEES PTY LTD Tas COMPOSITE SUPPORT SYSTEMS VICTORIA and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The application was contested by the employer, BRISHONY NOMINEES PTY LTD Tas. The primary dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically those concerning wages, hours of work, and other employment terms.

The key legal issues before the FWC involved determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided a fair and reasonable balance between the interests of employees and employers, and whether it adhered to the principles of the modern award system. The FWC also had to consider whether the agreement was made genuinely and in good faith and whether it complied with procedural fairness and the requirements for appropriate bargaining.

The FWC carefully examined the submissions and evidence provided by both parties. In its reasoning, the FWC noted that the proposed agreement contained provisions that appeared to be fair and reasonable, providing a balance between the interests of the employees and the employer. The FWC found that the agreement was made genuinely and in good faith and that it complied with the necessary procedural requirements. Consequently, the FWC approved the proposed agreement, highlighting that it met the standards required for endorsement under the Fair Work Act 2009.

The final orders of the FWC included the approval of the BRISHONY NOMINEES PTY LTD Tas COMPOSITE SUPPORT SYSTEMS VICTORIA and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023, with the agreement to be registered and enforced as a registered agreement.

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