DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2186)

BRINZCON PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2020

Application for approval of the Brinzcon Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019 - 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the Brinzcon Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the 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] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement was approved on 6 August 2020 and, in accordance with s 54, will operate from 13 August 2020. The nominal expiry date of the Agreement is 30 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a labour hire industry enterprise agreement between Brinzcon Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was a "better off overall test" (BOOT) compliant enterprise agreement. This involved assessing whether the agreement provided employees with a minimum total remuneration package that was at least as good as what they would receive under the relevant award or certified agreement. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or had an adverse impact on employees.

In reaching its decision, the Commission examined the specific terms of the agreement, including wages, leave entitlements, and other employment conditions. The Commission found that the agreement provided employees with a total remuneration package that was at least as good as the minimum standards set out in the relevant award or certified agreement, and that it did not contain any provisions that were contrary to public policy or detrimental to employees. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Brinzcon Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020. The Commission determined that the agreement met the statutory requirements under the Fair Work Act 2009 and provided employees with a BOOT compliant total remuneration package. The approval of the agreement will now apply to the employees covered by the agreement, setting their employment conditions 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