DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1320)

DECA CONSTRUCTIONS PTY LTD T/AS DECA CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 MAY 2020

Application for approval of the DECA CONSTRUCTIONS PTY LTD T/As DECA CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the DECA CONSTRUCTIONS PTY LTD T/As DECA CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2019-2020 (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 29 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

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 DECA CONSTRUCTIONS PTY LTD T/As DECA CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2019-2020. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought the Commission’s approval of the agreement, which was to govern the terms and conditions of employment for bricklayers under DECA Constructions Pty Ltd.

The primary legal issues the Commission needed to address were whether the agreement met the formal requirements of the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions. This included verifying that the agreement was made in good faith, that it complied with the process set out in the Act, and that it contained terms that were fair and reasonable, taking into account the need for a productive and harmonious workplace. The Commission also examined whether the agreement provided for the proper balance between the interests of employers and employees, and whether it contained provisions that were non-discriminatory and did not unfairly disadvantage any party.

In its decision, the Commission found that the agreement was made in good faith and that the process followed was compliant with the requirements of the Fair Work Act. The Commission considered the submissions and evidence presented by both parties and determined that the agreement provided for fair and reasonable terms and conditions. It noted that the agreement included provisions for wages, hours of work, leave entitlements, and other employment-related matters that were consistent with industry standards and practices. The Commission also found that the agreement did not contain any discriminatory provisions and that it provided for a fair and equitable balance between the interests of employers and employees.

Accordingly, the Commission approved the agreement, subject to the conditions and limitations set out in the decision. The agreement will now apply to the employees covered by it, and the parties will be bound by its terms and conditions. The decision provides clarity and certainty for both employers and employees in the bricklaying industry and ensures that the agreement meets the legal standards required for approval by the Fair Work Commission.

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