DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2184)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 AUGUST 2020

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

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

[2] This is a greenfields agreement that meets the requirements of section 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 have 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the 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 of the Act, will operate from 12 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 involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Enterprise Agreement between the Brinzcon Pty. Ltd. and the CFMEU (Victorian Construction and General Division) for the period 2019 to 2020. The application was heard in the Fair Work Commission. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, with particular attention paid to whether the agreement met the legal requirements under the Fair Work Act 2009.

The legal issues before the court were primarily whether the enterprise agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations, particularly concerning the mandatory provisions that must be included in an enterprise agreement. This included ensuring that the agreement did not adversely affect employees' rights and that it was made in good faith. The court also had to determine if the agreement was fairly negotiated and whether it included appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the enterprise agreement was compliant with the mandatory requirements of the Fair Work Act. The Commission noted that the agreement contained all the necessary provisions and did not unfavourably impact the employees' rights. It was determined that the agreement was made in good faith and included appropriate dispute resolution mechanisms. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was to approve the Brinzcon Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 to 2020. The Commission confirmed that the agreement met all statutory requirements and was fair and reasonable for the employees involved. This decision ensures that the terms of the agreement are legally binding and enforceable.

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