DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1393)

JR BLOCK & BRICK LAYING PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 MAY 2020

Application for approval of the JR Block & Brick Laying Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the JR Block & Brick Laying Pty Limited / CFMEU Collective Agreement 2019-2022 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the JR Block & Brick Laying Pty Limited / CFMEU Collective Agreement 2019-2022. The parties to the dispute were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and JR Block & Brick Laying Pty Limited. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace provisions outlined in the proposed collective agreement.

The primary legal issue before the Commission was whether the agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest, if it complied with the minimum entitlements under the National Employment Standards, and if it was free from any unlawful content. Additionally, the Commission considered if the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the agreement met the statutory requirements under the Fair Work Act. The Commission determined that the agreement was in the public interest as it provided a fair balance of rights and obligations for both parties. It also found that the agreement did not contravene any minimum entitlements and was free from any unlawful content. The Commission noted the comprehensive nature of the agreement and its alignment with broader industrial standards, which contributed to its approval. Consequently, the Commission approved the collective agreement, ensuring it would now serve as the basis for employment conditions between the CFMEU and JR Block & Brick Laying Pty Limited 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