DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4721)

DJD BRICK & BLOCKLAYING PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 MAY 2021

Application for variation of the DJD Brick & Blocklaying Pty. Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the DJD Brick & Blocklaying Pty. Limited / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[4] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title DJD Brick & Blocklaying Pty. Limited / CFMEU Collective Agreement 2019-2022 has been replaced with the following:

DJD Brick & Blocklaying Pty. Limited / CFMEU Collective Agreement 2019-2023

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 3 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were DJD Brick & Blocklaying Pty. Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was about the application for variation of the Collective Agreement between the two parties, which was set to run from 2019 to 2022. The matter was heard in the Fair Work Commission.

The central legal issues that the court had to decide included whether the proposed changes to the Collective Agreement were consistent with the relevant provisions of the Fair Work Act 2009 and whether the changes were in line with the principles of good faith bargaining. The court also had to consider if the proposed changes would cause significant detriment to the employees.

In delivering its decision, the court considered the evidence presented by both parties and the arguments raised. The court concluded that the proposed changes were consistent with the Fair Work Act and were in line with the principles of good faith bargaining. The court further found that the changes would not cause significant detriment to the employees. Therefore, the court granted the application for variation of the Collective Agreement.

The court's decision resulted in the approval of the proposed changes to the Collective Agreement. The final orders included the incorporation of the changes into the existing agreement, which would take effect from the date of the decision. The court's ruling was a significant outcome for both parties, as it provided clarity and certainty regarding the terms of their agreement moving forward.

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