DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/4006)

BRIGHTON VISION GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 JANUARY 2021

Application for approval of the Brighton Vision Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Brighton Vision Group Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 11 January 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case concerning the Brighton Vision Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the Fair Work Commission was tasked with approving a collective agreement for the period 2019-2022. The Brighton Vision Group, a construction company, sought the Commission's approval for the proposed agreement, which had been negotiated with the CFMEU. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the genuine and meaningful participation of employees in decision-making processes, if it offered fair and reasonable terms and conditions of employment, and if it aligned with the principles of the national workplace relations system. Additionally, the Commission had to consider if the agreement addressed issues of workplace health and safety and provided for the fair and reasonable resolution of workplace disputes.

The Fair Work Commission, in its decision, assessed the proposed agreement against the statutory criteria. The Commission found that the agreement included provisions for genuine and meaningful employee participation, including a joint health and safety committee. The terms and conditions of employment were deemed fair and reasonable, and the agreement was found to be in line with the national workplace relations system. The Commission also noted that the agreement contained adequate mechanisms for the resolution of workplace disputes. Given these findings, the Commission approved the collective agreement. The final orders of the Commission mandated that the Brighton Vision Group and the CFMEU implement the approved agreement, subject to the terms and conditions specified therein.

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